APWU-USPS 2010-2015 Collective Bargaining Agreement

COLLECTIVEBARGAININGAGREEMENTBetweenAmericanPostal WorkersUnion, AFL-CIOAndU.S. Postal ServiceNovember 21, 2010May 20, 2015

Step 4 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353Timeliness Regarding Step 2(h) Appeals . . . . . . . . . . . . . . . . . . . . 354Grievance/Arbitration Appeals Address Change Due toOrganizational Structure Changes . . . . . . . . . . . . . . . . . . . . . . . . 354Pilot Grievance-Arbitration Procedures . . . . . . . . . . . . . . . . . . . . . 356Article 15.5.A.9 Intervention Notification – Jurisdictional orWork Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356Discipline Task Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357Purge of Warning Letters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358National Labor Management Meetings. . . . . . . . . . . . . . . . . . . . . . 358Article 21.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359Terminal Pay Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361Stamp Stock Tolerances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361Reinstatement of Driving Privilege . . . . . . . . . . . . . . . . . . . . . . . . . 362Local Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364LMOUs for Offices Without a Local Union Structure . . . . . . . . . . . 366Bargaining Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366Removal of Social Security Number References . . . . . . . . . . . . . . 368Electronic Access to Information . . . . . . . . . . . . . . . . . . . . . . . . . . 368Contracting or Insourcing of Contracted Service . . . . . . . . . . . . . . 369Consideration of National Outsourcing Initiatives. . . . . . . . . . . . . . 369Contract Postal Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371Subcontracting Mail Equipment Shops . . . . . . . . . . . . . . . . . . . . . 372Training Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373Use of Privately Owned Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . 374Clerk Craft Jobs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375Relief and Pool . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380PTF Preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383Bids With Required Computer Skills. . . . . . . . . . . . . . . . . . . . . . . . 384Productive Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386Interlevel Bidding — Entrance Examination Requirements . . . . . . 387Retail Training Task Force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389Retail Operations Within Installations . . . . . . . . . . . . . . . . . . . . . . . 390Position Description: Delivery/Sales Services and DistributionAssociate, PS-06 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390Computerized Forwarding System (CFS) Rotation . . . . . . . . . . . . . 391Computer Forwarding System – CFS Clerk Reassignment . . . . . . 393Function Four Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396Identification of Newly Established Duty Assignments. . . . . . . . . . 397vi

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Notes:1. Bold Face Type in the text indicates revised or newlanguage. Bold Face Type in headings does notnecessarily indicate change.2. Cross-references to relevant Memorandums ofUnderstanding and Letters of Intent are included in thetext of the Agreement. The location of the crossreferencesis for the convenience of the reader, and inno way affects the content or intent of the Agreement,the Memorandums, or the Letters of Intent.3. In the 2010 National Agreement, references to a union,craft or bargaining unit are limited to the APWU and thecrafts that it represents, with the followingunderstandings:• Article 1.5: The Postal Service will continue toinform the APWU of all new positions whether ornot the positions are within craft units representedby the APWU.• Article 6: This article will continue to apply to allbargaining units covered by the September 15,1978 Award of Arbitrator James J. Healy.• Article 15.5.D: The Postal Service will continue tosend all National level arbitration schedulingletters and moving papers for all bargaining unitsto the APWU.• Article 33.2: This article will continue to permitemployees in non-APWU represented crafts tomake application for best qualified positions inAPWU represented crafts after requiredprocedures are followed.ix

PREAMBLEThis Agreement (referred to as the 2010 National Agreement) isentered into by and between the United States Postal Service(hereinafter referred to as the “Employer”) and the AmericanPostal Workers Union, AFL-CIO (hereinafter referred to as the“Union”). The Agreement is effective as of May 23, 2011,unless otherwise provided.ARTICLE 1UNION RECOGNITIONSection 1. UnionThe Employer recognizes the Union designated below as theexclusive bargaining representative of all employees in thebargaining unit for which each has been recognized andcertified at the national level:American Postal Workers Union, AFL-CIO — MaintenanceEmployeesAmerican Postal Workers Union, AFL-CIO — Motor VehicleEmployeesAmerican Postal Workers Union, AFL-CIO — Postal Clerks– The Special Delivery Messengers were merged into theClerk Craft by Memorandum of Understanding datedNovember 20, 1997.American Postal Workers Union, AFL-CIO — Mail EquipmentShops EmployeesAmerican Postal Workers Union, AFL-CIO — MaterialDistribution Centers EmployeesAmerican Postal Workers Union, AFL-CIO — OperatingServices and Facilities Services Employees(See Memo, page 298)1

Article 1.2Section 2. ExclusionsThe employee groups set forth in Section 1 above do notinclude, and this Agreement does not apply to:1. Managerial and supervisory personnel;2. Professional employees;3. Employees engaged in personnel work in other than apurely non-confidential clerical capacity;4. Security guards as defined in Public Law 91-375,1201(2);5. All Postal Inspection Service employees;6. Employees in the supplemental work forces as definedin Article 7;7. Rural letter carriers;8. Mail handlers; or9. Letter carriers.(See Memo, page 297)Section 3. Facility ExclusionsThis Agreement does not apply to employees who work inother employer facilities which are not engaged in customerservices and mail processing, previously understood andexpressed by the parties to mean mail processing and delivery,including but not limited to Headquarters (except OperatingServices), Area Offices, Information Service Centers, PostalService Training and Development Institute, Postal Academiesor Postal Academy Training Institute.2

Article 1.5.A.2However, work performed by bargaining unit employees asof May 23, 2011, will not be covered by the facilityexclusion solely due to moving the work into an excludedfacility.Section 4. DefinitionSubject to the foregoing exclusions, this Agreement shall beapplicable to all employees in the regular work force of theU.S. Postal Service, as defined in Article 7, at all present andsubsequently acquired installations, facilities, and operationsof the Employer, wherever located.Section 5. New PositionsA. Each newly created or revised position which containsnon-managerial and non-supervisory duties shall beassigned by the Employer to the national craft unit mostappropriate for such position within thirty (30) days after itscreation or revision. In addition, the Employer shall identifyall new non-managerial and non-supervisory work andassign such work at the national level to the national craftunit most appropriate for performance of such work withinthirty (30) days of having done so. Before such assignment ofeach new or revised position or non-managerial and nonsupervisorywork, the Employer shall consult with the Unionsignatory to this Agreement for the purpose of assigning thenew or revised position or non-managerial and nonsupervisorywork to the national craft unit most appropriatefor such position. The following criteria shall be used in makingthis determination:1. existing work assignment practices;2. manpower costs;3

Article 1.5.A.33. avoidance of duplication of effort and “make work”assignments;4. effective utilization of manpower, including thePostal Service’s need to assign employees acrosscraft lines on a temporary basis;5. the integral nature of all duties which comprise anormal duty assignment;6. the contractual and legal obligations andrequirements of the parties.B. The Union party to this Agreement shall be notifiedpromptly by the Employer regarding assignments made underthis provision. Should the Union dispute the assignment of thenew position within thirty (30) days from the date the Union hasreceived notification of the assignment of the position, thedispute shall be subject to the provisions of the grievance andarbitration procedure provided for herein.(See Memos, pages 298 and 418)Section 6. Performance of Bargaining Unit WorkA. Supervisors are prohibited from performing bargainingunit work at post offices with 100 or more bargaining unitemployees, except:1. in an emergency;2. for the purpose of training or instruction ofemployees;3. to assure the proper operation of equipment;4. to protect the safety of employees; or5. to protect the property of the USPS.4

Article 2.2B. In offices with less than 100 bargaining unit employees,supervisors are prohibited from performing bargaining unitwork except as enumerated in Section 6.A.1 through 5 aboveor when the duties are included in the supervisor’s positiondescription.(See Memos, pages 299 and 308)(The preceding Article, Article 1, shall apply to PSEs)ARTICLE 2NON-DISCRIMINATION AND CIVIL RIGHTSSection 1. Statement of PrincipleThe Employer and the Union agree that there shall be nodiscrimination by the Employer or the Union against employeesbecause of race, color, creed, religion, national origin, sex, age,or marital status.In addition, consistent with the other provisions of thisAgreement, there shall be no unlawful discrimination againsthandicapped employees, as prohibited by the RehabilitationAct.Section 2. Committees(See Memo, page 302)There are established at the national and APWU Regional/USPS Area levels Joint Committees on Human Rights. Thecommittees will be composed of responsible representativesof the Union and responsible management officials. Thecommittees may develop affirmative action proposals on allmatters affecting minority groups. The committees will also beadvised of the plan for site selection for facilities planned fornational postal mail networks and major metropolitan areas,and review availability of adequate housing and public5

Article 2.3transportation. The committees shall meet as required atmutually agreeable times.Section 3. GrievancesGrievances arising under this Article may be filed at Step 2 ofthe grievance procedure within fourteen (14) days of when theemployee or the Union has first learned or may reasonablyhave been expected to have learned of the allegeddiscrimination, unless filed directly at the national level, inwhich case the provisions of this Agreement for initiatinggrievances at that level shall apply.(The preceding Article, Article 2, shall apply to PSEs)ARTICLE 3MANAGEMENT RIGHTSThe Employer shall have the exclusive right, subject to theprovisions of this Agreement and consistent with applicablelaws and regulations:A. To direct employees of the Employer in the performanceof official duties;B. To hire, promote, transfer, assign, and retain employeesin positions within the Postal Service and to suspend, demote,discharge, or take other disciplinary action against suchemployees;C. To maintain the efficiency of the operations entrustedto it;D. To determine the methods, means, and personnel bywhich such operations are to be conducted;E. To prescribe a uniform dress to be worn by designatedemployees; and6

Article 4.2F. To take whatever actions may be necessary to carry outits mission in emergency situations, i.e., an unforeseencircumstance or a combination of circumstances which callsfor immediate action in a situation which is not expected to beof a recurring nature.(The preceding Article, Article 3, shall apply to PSEs)ARTICLE 4TECHNOLOGICAL AND MECHANIZATION CHANGESBoth parties recognize the need for improvement of mailservice.Section 1. Advance NoticeThe Union party to this Agreement will be informed as far inadvance as practicable, but no less than 30 days in advance,of implementation of technological or mechanization changeswhich affect jobs including new or changed jobs in the area ofwages, hours or working conditions. When major newmechanization or equipment is to be purchased and installed,the Union at the national level will be informed as far inadvance as practicable, but no less than 90 days in advance.Section 2. Labor-Management CommitteeThere shall be established at the national level, as asubcommittee of the national level Joint Labor-ManagementCommittee, a Labor-Management Technological orMechanization Changes Committee composed of an equalnumber of representatives of management and the APWU. TheSubcommittee shall meet semiannually, or as necessary, fromthe conceptual stage onward, to discuss any issuesconcerning proposed technological and mechanizationchanges which may affect jobs, including new or changedjobs, which affect the wages, hours, or working conditions of7

Article 4.3the bargaining unit. For example, the Postal Service will keepthe Union advised concerning any research and developmentprograms (e.g., study on robotics) which may have an effect onthe bargaining unit. In addition, the Committee shall beinformed of any new jobs created by technological ormechanization changes. Where present employees arecapable of being trained to perform the new or changed jobs,the Committee will discuss the training opportunities andprograms which will be available. These discussions mayinclude the availability of training opportunities for selfdevelopmentbeyond the new or changed jobs. Notice to saidCommittee shall satisfy the notice requirements of thepreceding paragraph. Upon receiving notice, said Committeeshall attempt to resolve any questions as to the impact of theproposed change upon affected employees and if suchquestions are not resolved within a reasonable time after suchchange or changes are operational, the unresolved questionsmay be submitted by the Union to arbitration under thegrievance-arbitration procedure. Any arbitration arising underthis Article will be given priority in scheduling.Section 3. New JobsAny new job or jobs created by technological or mechanizationchanges shall be offered to present employees capable ofbeing trained to perform the new or changed job and theEmployer will provide such training. During training, theemployee will maintain his/her rate. It is understood that thetraining herein referred to is on the job and not to exceedsixty (60) days. Certain specialized technical jobs may requireadditional and off-site training.An employee whose job is eliminated, if any, and who cannotbe placed in a job of equal grade shall receive saved gradeuntil such time as that employee fails to bid or apply for aposition in the employee’s former wage level.8

Article 6The obligation hereinabove set forth shall not be construed to,in any way, abridge the right of the Employer to make suchchanges.ARTICLE 5PROHIBITION OF UNILATERAL ACTIONThe Employer will not take any actions affecting wages, hoursand other terms and conditions of employment as defined inSection 8(d) of the National Labor Relations Act which violatethe terms of this Agreement or are otherwise inconsistent withits obligations under law.(The preceding Article, Article 5, shall apply to PSEs)ARTICLE 6NO LAYOFFS OR REDUCTION IN FORCE(1) Each employee who is employed in the regular workforce as of the date of the Award of Arbitrator James J. Healy,September 15, 1978, shall be protected henceforth against anyinvoluntary layoff or force reduction.It is the intent of this provision to provide security to each suchemployee during his or her work lifetime.Members of the regular work force, as defined in Article 7 ofthe Agreement, include full-time regulars, part-time employeesassigned to regular schedules and part-time employeesassigned to flexible schedules.(2) Employees who become members of the regular workforce after the date of this Award, September 15, 1978, shallbe provided the same protection afforded under (1) above oncompletion of six years of continuous service and havingworked in at least 20 pay periods during each of the six years.9

Article 6.A.1(3) With respect to employees hired into the regular workforce after the date of this Award and who have not acquiredthe protection provided under (2) above, the Employer shallhave the right to effect layoffs for lack of work or for otherlegitimate reasons. This right may be exercised in lieu ofreassigning employees under the provisions of Article 12,except as such right may be modified by agreement. Shouldthe exercise of the Employer’s right to lay off employeesrequire the application of the provisions of Chapter 35 ofTitle 5, United States Code, employees covered by thatChapter with less than three years of continuous civilian federalservice will be treated as “career conditional” employees.The Employer’s right as established in this Section shall beeffective July 20, 1979.The following terms as to the employees’ and Employer’srights and the rules and procedures to be followed in theimplementation of Article 6 are a part of the September 15,1978 Final Resolution and shall be final and binding upon theparties:A. Coverage(See Memo, page 307)1. Employees protected against any involuntary layoffor force reduction.Those employees who occupy full-time, part-timeregular or part-time flexible positions in the regularwork force (as defined in Article 7) onSeptember 15, 1978, are protected against layoffand reduction in force during any period ofemployment in the regular work force with theUnited States Postal Service or successororganization in his or her lifetime. Such employeesare referred to as “protected employees.”10

Article 6.A.3.a.(1)Other employees achieve protected status underthe provisions of A.3 below.2. Employees subject to involuntary layoff or forcereduction.Except as provided in A.1 and A.3, all employeeswho enter the regular work force, whether, by hire,transfer, demotion, reassignment, reinstatementand reemployment on or after September 16, 1978,are subject to layoff or force reduction and arereferred to as “non-protected employees.”3. Non-protected employees achieving protectedstatus.a. A non-protected employee achieves protectedstatus upon completion of six years ofcontinuous service in their regular work force.The service requirement is computed from thefirst day of the pay period in which theemployee enters the regular work force. Toreceive credit for the year, the employee mustwork at least one hour or receive a call-inguarantee in lieu of work in at least 20 of the26 pay periods during that anniversary year.Absence from actual duty for any of thefollowing reasons will be considered as “work”solely for the purposes of this requirement.(1) To the extent required by law, courtleave, time spent in military servicecovered by Chapter 43 of Title 38, or timespent on continuation of pay, leavewithout pay on OWCP rolls because ofcompensable injury on duty.11

Article 6.A.3.a.(2)(2) Time spent on paid annual leave or sickleave, as provided for in Article 10 of theAgreement.(3) Leave without pay for performing Unionbusiness as provided for in Article 24 ofthe Agreement.All other unpaid leave and periods ofsuspension or time spent in layoff or RIFstatus will not be considered work. Failure tomeet the 20 pay period requirement in anygiven anniversary year means the employeemust begin a new six year continuous serviceperiod to achieve protected status.b. Temporary details outside of the regular workforce in which the employee’s position ofrecord remains in the regular work force counttoward fulfilling the 20 pay periods of workrequirement per year.c. If a non-protected employee leaves the regularwork force for a position outside the PostalService and remains there more than30 calendar days, upon return the employeebegins a new service period for purposes ofattaining six years continuous service.d. If a non-protected employee leaves the regularwork force and returns within two years from aposition within the Postal Service theemployee will receive credit for previouslycompleted full anniversary years, for purposesof attaining the six years continuous service.12

Article 6.B.4B. Preconditions for Implementation of Layoff andReduction in Force.1. The affected Union(s) shall be notified at theRegional level no less than 90 days in advance ofany layoff or reduction in force that an excess ofemployees exists or will exist at an installation andthat a layoff and reduction in force may benecessary. The Employer will explain to theUnion(s) the basis for its conclusion that legitimatebusiness reasons require the excessing andpossible separation of employees.2. No employee shall be reassigned under this Articleor laid off or reduced in force unless and until thatemployee has been notified at least 60 days inadvance that he or she may be affected by one orthe other of these actions.3. The maximum number of excess employees withinan installation shall be determined by seniority unitwithin each category of employees (full-time, parttimeregular, part-time flexible). This numberdetermined by the Employer will be given to theUnion(s) at the time of the 90-day notice.4. Before implementation of reassignment under thisArticle or, if necessary, layoff and reduction in forceof excess employees within the installation, theEmployer will, to the fullest extent possible,separate all PSEs within the craft and minimize theamount of overtime work and part-time flexiblehours in the positions or group of positions coveredby the seniority unit as defined in this Agreement oras agreed to by the parties. In addition, theEmployer shall solicit volunteers from amongemployees in the same craft within the installation13

Article 6.B.5to terminate their employment with the Employer.Employees who elect to terminate theiremployment will receive a lump sum severancepayment in the amount provided by Part 435 of theEmployee and Labor Relations Manual, will receivebenefit coverage to the extent provided by suchManual, and, if eligible, will be given the earlyretirement benefits provided by Section 8336(d)(2)of Title 5, United States Code and the regulationsimplementing that statute.5. No less than 20 days prior to effecting a layoff, theEmployer will post a list of all vacancies in otherseniority units and crafts at the same or lower levelwhich exist within the installation and within thecommuting area of the losing installation.Employees in an affected seniority unit may, within10 days after the posting, request a reassignmentunder this Article to a posted vacancy. Qualifiedemployees will be assigned to such vacancies onthe basis of seniority. If a senior non-preferenceeligible employee within the seniority unit indicatesno interest in available reassignment, then suchemployee becomes exposed to layoff. A preferenceeligible employee within the seniority unit shall berequired to accept such a reassignment to avacancy in the same level at the installation, or, ifnone exists at the installation, to a vacancy in thesame level at an installation within the commutingarea of the losing installation.If the reassignment is to a different craft, theemployee’s seniority in the new craft shall beestablished in accordance with the applicableseniority provisions of the new craft.14

Article 6.C.4C. Layoff and Reduction in Force1. Definition. The term “layoff” as used herein refersto the separation of non-protected, non-preferenceeligible employees in the regular work forcebecause of lack of work or other legitimate, nondisciplinaryreasons. The term “reduction in force”as used herein refers to the separation or reductionin the grade of a non-protected veterans’preference eligible in the regular work forcebecause of lack of work or other legitimate nondisciplinaryreasons.2. Order of layoff. If an excess of employees exists atan installation after satisfaction of the preconditionsset forth in (B) above, the Employer may lay offemployees within their respective seniority units asdefined in the Agreement.3. Seniority units for purposes of layoff. Seniorityunits within the categories of full-time regular, parttimeregular, and part-time flexible, will consist ofall non-protected persons at a given level within anestablished craft at an installation unless the partiesagree otherwise. It is the intent to provide thebroadest possible unit consistent with the equitiesof senior non-protected employees and with theefficient operation of the installation.4. Union representation. Chief stewards and unionstewards whose responsibilities bear a directrelationship to the effective and efficientrepresentation of bargaining unit employees shallbe placed at the top of the seniority unit roster inthe order of their relative craft seniority for thepurposes of layoff, reduction in force, and recall.15

Article 6.C.55. Reduction in force. If an excess of employeesexists at an installation after satisfaction of thepreconditions set forth in (B) above and after thelayoff procedure has been applied, the Employermay implement a reduction in force as definedabove. Such reduction will be conducted inaccordance with statutory and regulatoryrequirements that prevail at the time the forcereduction is effected. Should applicable law andregulations require that other non-protected, nonpreferenceeligible employees from other seniorityunits be laid off prior to reduction in force, suchemployees will be laid off in inverse order of theircraft seniority in the seniority unit.In determining competitive levels and competitiveareas applicable in a force reduction, the Employerwill submit its proposal to the Union(s) at least30 days prior to the reduction. The Union(s) will beafforded a full opportunity to make suggestedrevisions in the proposal. However, the Employer,having the primary responsibility for compliancewith the statute and regulations, reserves the rightto make the final decision with respect tocompetitive levels and competitive areas. In makingits decision with respect to competitive levels andcompetitive areas the Employer shall give nogreater retention security to preference eligiblesthan to non-preference eligibles except as may berequired by law.D. Recall Rights1. Employees who are laid off or reduced in force shallbe placed on recall lists within their seniority unitsand shall be entitled to remain on such lists for twoyears. Such employees shall keep the Employer16

Article 6.D.2informed of their current address. Employees onthe lists shall be notified in order of craft senioritywithin the seniority unit of all vacant assignments inthe same category and level from which they werelaid off or reduced in force. Preference eligibles willbe accorded no recall rights greater than nonpreferenceeligibles except as required by law.Notice of vacant assignments shall be given bycertified mail, return receipt requested, and a copyof such notice shall be furnished to the local unionpresident. An employee so notified mustacknowledge receipt of the notice and advise theEmployer of his or her intentions within 5 days afterreceipt of the notice. If the employee accepts theposition offered he or she must report for workwithin 2 weeks after receipt of notice. If theemployee fails to reply to the notice within 5 daysafter the notice is received or delivery cannot beaccomplished, the Employer shall offer the vacancyto the next employee on the list. If an employeedeclines the offer of a vacant assignment in his orher seniority unit or does not have a satisfactoryreason for failure to reply to a notice, the employeeshall be removed from the recall list.2. An employee reassigned from a losing installationpursuant to B.5 above and who has retreat rightsshall be entitled under this Article to exercise thoseretreat rights before a vacancy is offered to anemployee on the recall list who is junior to thereassigned employee in craft seniority.17

Article 6.EE. Protective Benefits1. Severance pay. Employees who are separatedbecause of a layoff or reduction in force shall beentitled to severance pay in accordance with Part435 of the Employee and Labor Relations Manual.2. Health and Life Insurance Coverage. Employeeswho are separated because of a layoff or areduction in force shall be entitled to the healthinsurance and life insurance coverage and to theconversion rights provided for in the Employee andLabor Relations Manual.F. Union Representation Rights1. The interpretation and application of the provisionsof this Award shall be grievable under Article 15.Any such grievance may be introduced at theRegional level and shall be subject to priorityarbitration.2. The Employer shall provide to the affected Union aquarterly report on all reassignments, layoff andreductions in force made under this Article.3. Preference eligibles are not deprived of whateverrights of appeal such employees may have underapplicable laws and regulations. However, if anemployee exercises these appeal rights, theemployee thereby waives access to any procedureunder this agreement beyond Step 3 of thegrievance-arbitration procedure.G. IntentThe Employer shall not lay off, reduce in force, or takeany other action against a non-protected employeesolely to prevent the attainment of that employee ofprotection status.18

Article 7.1.B.3ARTICLE 7EMPLOYEE CLASSIFICATIONSection 1. Definition and UseA. Regular Work Force. The regular work force shall becomprised of two categories of employees which are asfollows:1. Full-Time. Employees in this category shall behired pursuant to such procedures as the Employermay establish and shall be assigned to regularschedules consisting of five (5) eight (8) hour daysin a service week.2. Part-Time. Employees in this category shall behired pursuant to such procedures as the Employermay establish and shall be assigned to regularschedules of less than forty (40) hours in a serviceweek, or shall be available to work flexible hours asassigned by the Employer during the course of aservice week.B. Postal Support Employees (PSEs)1. The PSE work force shall be comprised of noncareerbargaining unit employees.2. During the course of a service week, the Employerwill make every effort to insure that qualified andavailable part-time flexible employees are utilized atthe straight-time rate prior to assigning such workto PSEs.3. In the Clerk Craft, the total number of PSEsused in mail processing (function one) within aDistrict, will not exceed 20% of the total numberof career mail processing (function one) clerkcraft employees within that District, except in19

Article 7.1.B.4accounting periods 3 and 4, beginning two (2)years from the effective date of the contract.The total number of PSEs used in retail/customer services (function four) within aDistrict will not exceed 20% of the total numberof career retail/customer services (functionfour) clerk craft employees within that District.The number of PSEs derived from the retail/customer services (function four) percentagemay be used in function one and when doing sowill not count against the 20% mail processing(function one) District cap.In the Maintenance Craft, the total number ofPSEs used within a District will not exceed 10%of the total number of career maintenance craftemployees within that District.In the Motor Vehicle Craft, the total number ofPSEs used within a District will not exceed 10%of the total number of career motor vehicle craftemployees within that District, except inaccounting periods 3 and 4, beginning two (2)years from the effective date of the contract.4. In Level 22 and above offices, PSEs in retail/customer services (Function 4) who work thewindow will not exceed 10% of the career retailclerks in that installation whose duties includeworking the window. The rounding-up rule of .5and above applies.In Level 21 and below offices, PSEs in retail/customer services (Function 4) who work thewindow will not exceed 20% of the career retailclerks in that installation whose duties include20

Article 7.1.B.6.bworking the window. The rounding up rule of .5and above applies.When the hours worked by a PSE on the windowdemonstrates the need for a full-time preferredduty assignment, such assignment will beposted for bid within the section.PSEs who work the window may work in reliefof employees holding duty assignments on thewindow.5. Any non-APWU bargaining unit employee onlight or limited duty in an APWU craft or on arehabilitation assignment in an APWU craft whodoes not hold a bid assignment will not becounted as a career employee for the purposeof determining the number of PSEs who may beemployed in that APWU craft.6. In addition to the caps in paragraph 3 above,PSEs will not be counted towards the allowablepercentages of PSEs within a District whenemployed for new work that is brought into thebargaining units covered by this Agreement,including work being contracted out that isbrought in-house, as follows:a. In the Clerk Craft, in any former ContractPostal Unit (CPU) that is brought back inhouse,unless it is a full-service unit or itprimarily provides postal services.b. IIn the Maintenance Craft, for custodialwork formerly contracted out that isbrought in-house, subject to the provisionsof the Maintenance Craft Jobs Memo.21

Article 7.1.B.6.cc. In the Motor Vehicle Craft, for highwaycontract routes (HCR’s) that are broughtback into the Postal Service and assignedto postal employees, subject to theprovisions of the Motor Vehicle Craft JobsMemo.d. The Employer and the Union may agreeupon the use of additional PSEs in othercircumstances when new or contractedwork is brought in-house, or when newretail initiatives that are not full-servicepost offices are established.7. The Postal Service will provide a report, everyfour week reporting period with informationneeded to monitor compliance with theprovisions above, i.e., the total number of careerbargaining unit employees and PSEs by craft,function, installation and District.8. PSEs shall be hired from an appropriate registerpursuant to such procedures as the Employermay establish. They will be hired for a term notto exceed 360 calendar days per appointment.Such employees have no daily or weekly workhour guarantees, except as provided for inArticle 8.8.D. PSEs will have a break in service ofat least 5 days, if reappointed.(See Memo, page 279)Section 2. Employment and Work AssignmentsA. Normally, work in different crafts, occupational groupsor levels will not be combined into one job. However, toprovide maximum full-time employment and provide necessaryflexibility, management may establish full-time schedule22

23Article 7.3.A.1assignments by including work within different crafts oroccupational groups after the following sequential actions havebeen taken:1. All available work within each separate craft by tourhas been combined.2. Work of different crafts in the same wage level bytour has been combined.The appropriate representatives of the affected Unions will beinformed in advance of the reasons for establishing thecombination full-time assignments within different crafts inaccordance with this Article.B. In the event of insufficient work on any particular day ordays in a full-time or part-time employee’s own scheduledassignment, management may assign the employee to anyavailable work in the same wage level for which the employeeis qualified, consistent with the employee’s knowledge andexperience, in order to maintain the number of work hours ofthe employee’s basic work schedule.C. During exceptionally heavy workload periods for oneoccupational group, employees in an occupational groupexperiencing a light workload period may be assigned to workin the same wage level, commensurate with their capabilities,to the heavy workload area for such time as managementdetermines necessary.(See Memo, page 308)Section 3. Employee ComplementsA. The Employer shall staff all postal installations in theregular work force as of the date of this Agreement as follows:1. With respect to the clerk craft, there will no longerbe Part-Time Flexible (PTF) employees workingin Function 1 or in post offices Level 21 and

Article 7.3.A.2above. Part-Time Flexible (PTF) employees maywork in Function 4 offices Level 20 and below.Offices, Level 20 and below, remain subject tothe Article 7.3.B obligations to maximize thenumber of full-time employees and minimize thenumber of part-time flexible employees whohave no fixed work schedules.There will no longer be Part-Time Regular (PTR)employees in the clerk craft.2. With respect to the motor vehicle craft, there willno longer be Part-Time Regular (PTR) and Part-Time Flexible (PTF) employees in the motorvehicle craft. Management may create FlexibleNon-Traditional Duty assignments to replacePTR and PTF duty assignments.3. With respect to all other crafts, installations shall bestaffed in accordance with the provisions of thisagreement.(See Memos, pages 308-311)B. The Employer shall maximize the number of full-timeemployees and minimize the number of part-time employeeswho have no fixed work schedules in all postal installations;however, nothing in this paragraph B shall detract from theUSPS’ ability to use the awarded full-time/part-time ratio asprovided for in paragraph 3.A. above.C. A part-time flexible employee working eight (8) hourswithin ten (10), on the same five (5) days each week and thesame assignment over a six month period will demonstrate theneed for converting the assignment to a full-time position.D. The total number of part-time regular employees whomay be employed shall not exceed 2.5% of the total number ofcareer employees covered by this Agreement.24

Article 8.2.DSection 1. Work WeekARTICLE 8HOURS OF WORKThe work week for full-time regulars shall be forty (40) hoursper week, eight (8) hours per day within ten (10) consecutivehours, provided, however, that in all offices with more than 100full-time employees in the bargaining units the normal workweek for full-time regular employees will be forty hours perweek, eight hours per day within nine (9) consecutive hours.Shorter work weeks will, however, exist as needed for parttimeregulars.Section 2. Work Schedules(See Memo, page 311)A. The employee’s service week shall be a calendar weekbeginning at 12:01 a.m. Saturday and ending at 12 midnightthe following Friday.B. The employee’s service day is the calendar day onwhich the majority of work is scheduled. Where the workschedule is distributed evenly over two calendar days, theservice day is the calendar day on which such work schedulebegins.C. The employee’s normal work week is five (5) servicedays, each consisting of eight (8) hours, within ten (10)consecutive hours, except as provided in Section 1 of thisArticle. As far as practicable the five days shall be consecutivedays within the service week.D. In postal installations which have 200 or more man yearsof employment in the regular work force, career employees inmail processing operations, transportation and vehicle25

Article 8.3maintenance facility operations will have consecutivescheduled days off, unless otherwise agreed to by the partiesat the local level.Section 3. Exceptions(See Memo, page 311)The above shall not apply to part-time employees and PSEs.Part-time employees will be scheduled in accordance with theabove rules, except they may be scheduled for less thaneight (8) hours per service day and less than forty (40) hoursper normal work week.PSEs will be scheduled in accordance with Section 2, A and B,of this Article.Section 4. Overtime WorkA. Overtime pay is to be paid at the rate of one and onehalf(1½) times the basic hourly straight-time rate.B. Overtime shall be paid to employees for work performedonly after eight (8) hours on duty in any one service day orforty (40) hours in any one service week. Nothing in thisSection shall be construed by the parties or any reviewingauthority to deny the payment of overtime to employees fortime worked outside of their regularly scheduled work week atthe request of the Employer.C. Penalty overtime pay is to be paid at the rate of two (2)times the basic hourly straight-time rate. Penalty overtime paywill not be paid for any hours worked in the month ofDecember.D. Penalty overtime pay will be paid to full-time regularemployees for any overtime work in contravention of therestrictions in Section 5.F.26

27Article 8.5.AE. Excluding December, part-time flexible employees willreceive penalty overtime pay for all work in excess of ten (10)hours in a service day or fifty-six (56) hours in a service week.F. Wherever two or more overtime or premium rates mayappear applicable to the same hour or hours worked by anemployee, there shall be no pyramiding or adding together ofsuch overtime or premium rates and only the higher of theemployee’s applicable rates shall apply.G. Overtime Work PSEsPSEs shall be paid overtime for work performed inexcess of forty (40) work hours in any one service week.Overtime pay for PSEs is to be paid at the rate of oneand one-half (1½) times the basic hourly straight-timerate.When an opportunity exists for overtime for qualified andavailable full-time employees, doing similar work in thework location where the employees regularly work, priorto utilizing a PSE in excess of eight (8) work hours in aservice day, such qualified and available full-timeemployees on the appropriate Overtime Desired List willbe selected to perform such work in order of theirseniority on a rotating basis.(See Memo, page 279)Section 5. Overtime AssignmentsWhen needed, overtime work for regular full-time employeesshall be scheduled among qualified employees doing similarwork in the work location where the employees regularly workin accordance with the following:A. Two weeks prior to the start of each calendar quarter,full-time regular employees desiring to work overtime duringthat quarter shall place their names on an “Overtime Desired”list.

Article 8.5.BB. Lists will be established by craft, section, or tour inaccordance with Article 30, Local Implementation.C. 1. a. When during the quarter the need for overtimearises, employees with the necessary skillshaving listed their names will be selected inorder of their seniority on a rotating basis.b. Those absent or on leave shall be passedover.D. If the voluntary “Overtime Desired” list does not providesufficient qualified people, qualified full-time regular employeesnot on the list may be required to work overtime on a rotatingbasis with the first opportunity assigned to the junioremployee.E. Exceptions to C and D above if requested by theemployee, may be approved by local management inexceptional cases based on equity (e.g., anniversaries,birthdays, illness, deaths).F. Excluding December, no full-time regular employee willbe required to work overtime on more than four (4) of theemployee’s five (5) scheduled days in a service week or workover ten (10) hours on a regularly scheduled day, over eight (8)hours on a non-scheduled day, or over six (6) days in a serviceweek.G. Full-time employees not on the “Overtime Desired” listmay be required to work overtime only if all availableemployees on the “Overtime Desired” list have worked up totwelve (12) hours in a day or sixty (60) hours in a service week.Employees on the “Overtime Desired” list:1. may be required to work up to twelve (12) hours in aday and sixty (60) hours in a service week (subjectto payment of penalty overtime pay set forth inSection 4.D for contravention of Section 5.F); and28

Article 8.8.A2. excluding December, shall be limited to no morethan twelve (12) hours of work in a day and no morethan sixty (60) hours of work in a service week.However, the Employer is not required to utilize employees onthe “Overtime Desired” list at the penalty overtime rate ifqualified employees on the “Overtime Desired” list who are notyet entitled to penalty overtime are available for the overtimeassignment.(See Memos, pages 318 and 326)Section 6. Sunday Premium PaymentEach employee whose regular work schedule includes a periodof service, any part of which is within the period commencingat midnight Saturday and ending at midnight Sunday, shall bepaid extra compensation at the rate of 25 percent of theemployee’s base hourly rate of compensation for each hour ofwork performed during that period of service. An employee’sregularly scheduled reporting time shall not be changed onSaturday or Sunday solely to avoid the payment of Sundaypremium payment.Section 7. Night Shift DifferentialFor time worked between the hours of 6:00 p.m. and 6:00 a.m.,employees shall be paid additional compensation at theapplicable flat dollar amount at each pay grade and step inaccordance with the attached table (Table Two and TableThree).Section 8. GuaranteesA. An employee called in outside the employee’s regularwork schedule shall be guaranteed a minimum of four (4)consecutive hours of work or pay in lieu thereof where lessthan four (4) hours of work is available. Such guaranteed29

Article 8.8.Bminimum shall not apply to an employee called in whocontinues working on into the employee’s regularly scheduledshift.B. When a full-time regular employee is called in on theemployee’s non-scheduled day, the employee will beguaranteed eight hours work or pay in lieu thereof.C. The Employer will guarantee all employees at least four(4) hours work or pay on any day they are requested orscheduled to work in a post office or facility with 200 or moreman years of employment per year. All employees at other postoffices and facilities will be guaranteed two (2) hours work orpay when requested or scheduled to work.D. Any PSE who is scheduled to work and who reportsshall be guaranteed two (2) hours of work or pay.Section 9. Wash-Up TimeInstallation heads shall grant reasonable wash-up time to thoseemployees who perform dirty work or work with toxicmaterials. The amount of wash-up time granted eachemployee shall be subject to the grievance procedure.(The preceding paragraph, Article 8.9, shall apply to PSEs)ARTICLE 9SALARIES AND WAGESSection 1. Basic Annual SalaryThe basic annual salary schedules, with proportionalapplication to hourly rate employees, for those employeescovered under the terms and conditions of this Agreementshall be increased as follows:30

Article 9.2Effective November 17, 2012—the basic annual salary foreach grade and step shall be increased by an amount equal to1.0% of the basic annual salary for the grades and steps inplace on the effective date of this Agreement. (Table One)Effective November 16, 2013—the basic annual salary foreach grade and step shall be increased by an amount equal to1.5% of the basic annual salary for the grades and steps inplace on the effective date of this Agreement. (Table One)Effective November 15, 2014—the basic annual salary foreach grade and step shall be increased by an amount equal to1.0% of the basic annual salary for the grades and steps inplace on the effective date of this Agreement. (Table One)Section 2. Step Progression ScheduleThe step progression for the salary schedule shall be asfollows:For PS GradesSteps (inWeeks)3 All 444 through 7 All 368 through 11 All 30WaitingPeriodCareer employees appointed on or after the effective dateof this Agreement will progress as follows:PS Grades Entry Step Top Step3 – 4 JJ I5 – 7 FF J8 FF K9 – 11 D P31

Article 9.3Section 3. Cost of Living AdjustmentA. Definitions1. “Consumer Price Index” refers to the “NationalConsumer Price Index for Urban Wage Earners andClerical Workers” (CPI-W), published by theBureau of Labor Statistics, United StatesDepartment of Labor (1967=100) and referred toherein as the “Index.”2. “Consumer Price Index Base” refers to theConsumer Price Index for the month of July 2011and is referred to herein as the “Base Index.”B. Effective Dates of AdjustmentEach eligible employee covered by this Agreement shallreceive cost-of-living adjustments, upward, inaccordance with the formula in Section 3.C, below, asfollows:IndexJanuary 2012July 2012January 2013July 2013January 2014July 2014January 2015Payment effective:Second full pay period after releaseof January 2013 IndexSecond full pay period after releaseof July 2013 IndexSecond full pay period after releaseof January 2013 IndexSecond full pay period after releaseof July 2013 IndexSecond full pay period after releaseof January 2014 IndexSecond full pay period after releaseof July 2014 IndexSecond full pay period after releaseof January 2015 Index32

Article 9.5C. The basic salary schedules provided for in thisAgreement shall be increased 1 cent per hour for each full 0.4of a point increase in the applicable Index above the BaseIndex. For example, if the increase in the Index from July 2011to January 2012 is 1.2 points, all pay scales for employeescovered by this Agreement will be increased by 3 cents perhour. In no event will a decline in the Index below the BaseIndex result in a decrease in the pay scales provided for in thisAgreement.D. In the event the appropriate Index is not published on orbefore the beginning of the effective payroll period, anyadjustment required will be made effective at the beginning ofthe second payroll period after publication of the appropriateIndex.E. No adjustment, retroactive or otherwise, shall be madedue to any revision which may later be made in the publishedfigures for the Index for any month mentioned in 3.B, above.F. If during the life of this Agreement, the BLS ceases tomake available the CPI-W (1967 = 100), the parties agree touse the CPI-W (1982-84=100) at such time as BLS ceases tomake available the CPI-W (1967=100). At the time of change tothe CPI-W (1982-84=100), the cost-of-living formula inSection 3.C will be recalculated to provide the same cost-oflivingadjustment that would have been granted under theformula using the CPI-W (1967 = 100).Section 4. Application of Salary RatesThe Employer shall continue the current application of salaryrates for the duration of this Agreement.Section 5. Granting Step IncreasesThe Employer will continue the program on granting stepincreases for the duration of this Agreement.33

Article 9.6Section 6. Protected Salary RatesA. The Employer shall continue the current salary rateprotection program for the duration of this Agreement.B. Employees who qualify for “saved grade” will receive“saved grade” for an indefinite period of time subject to theconditions contained in Article 4, Section 3, and Article37.4.C.6.b.Section 7. Postal Support EmployeesThe hourly rates for PSEs shall be adjusted by the generalincreases provided for in Article 9.1. In addition, PSEs willreceive the following wage adjustments:Effective, November 17, 2012, the hourly rates for allgrades shall be increased by 1.0%.Effective November 16, 2013, the hourly rates for all gradesshall be increased by 1.0%.Effective November 15, 2014, the hourly rates for all gradesshall be increased by 1.5%.All percentage increases are applied to the wage rates inplace on the effective date of this Agreement.34

35Article 9.7

Article 9.736

37Article 9.7

Article 10ARTICLE 10LEAVESection 1. FundingThe Employer shall continue funding the leave program so asto continue the current leave earning level for the duration ofthis Agreement.Section 2. Leave RegulationsA. The leave regulations in Subchapter 510 of theEmployee and Labor Relations Manual, insofar as suchregulations establish wages, hours and working conditions ofemployees covered by this Agreement, other than PSEs, shallremain in effect for the life of this Agreement.B. Career employees will be given preference over noncareeremployees when scheduling annual leave. Thispreference will take into consideration that scheduling is doneon a tour-by-tour basis and that employee skills are adetermining factor in this decision.(See Memos, pages 328-335)(The preceding paragraph, Article 10.2B, applies to PSEs)38

Article 10.3.D.4Section 3. Choice of Vacation PeriodA. It is agreed to establish a nationwide program forvacation planning for employees in the regular work force withemphasis upon the choice vacation period(s) or variationsthereof.B. Care shall be exercised to assure that no employee isrequired to forfeit any part of such employee’s annual leave.C. The parties agree that the duration of the choicevacation period(s) in all postal installations shall be determinedpursuant to local implementation procedures.D. Annual leave shall be granted as follows:1. Employees who earn 13 days annual leave per yearshall be granted up to ten (10) days of continuousannual leave during the choice period. The numberof days of annual leave, not to exceed ten (10), shallbe at the option of the employee.2. Employees who earn 20 or 26 days annual leaveper year shall be granted up to fifteen (15) days ofcontinuous annual leave during the choice period.The number of days of annual leave, not to exceedfifteen (15), shall be at the option of the employee.3. The subject of whether an employee may at theemployee’s option request two (2) selections duringthe choice period(s), in units of either 5 or 10working days, the total not to exceed the ten (10) orfifteen (15) days above, may be determinedpursuant to local implementation procedures.4. The remainder of the employee’s annual leave maybe granted at other times during the year, asrequested by the employee.39

Article 10.3.EE. The vacation period shall start on the first day of theemployee’s basic work week. Exceptions may be granted byagreement among the employee, the Union representative andthe Employer.F. An employee who is called for jury duty during theemployee’s scheduled choice vacation period or who attendsa National, State or Regional Convention (Assembly) during thechoice vacation period is eligible for another available periodprovided this does not deprive any other employee of firstchoice for scheduled vacation.Section 4. Vacation PlanningThe following general rules shall be observed in implementingthe vacation planning program:A. The Employer shall, no later than November 1, publicizeon bulletin boards and by other appropriate means thebeginning date of the new leave year, which shall begin withthe first day of the first full pay period of the calendar year.B. The installation head shall meet with the representativesof the Union to review local service needs as soon afterJanuary 1 as practical. The installation head shall then:1. Determine the amount of annual leave accrued toeach employee’s credit including that for thecurrent year and the amount he/she expects to takein the current year.2. Determine a final date for submission ofapplications for vacation period(s) of theemployee’s choice during the choice vacationperiod(s).3. Provide official notice to each employee of thevacation schedule approved for each employee.(See Memo, page 326)40

Article 10.6C. A procedure in each office for submission ofapplications for annual leave for periods other than the choiceperiod may be established pursuant to the implementationprocedure above.D. All advance commitments for granting annual leavemust be honored except in serious emergency situations.Section 5. Sick LeaveThe Employer agrees to continue the administration of thepresent sick leave program which shall include the followingspecific items:A. Credit employees with sick leave as earned.B. Charge to annual leave or leave without pay (atemployee’s option) approved absence for which employee hasinsufficient sick leave.C. Employee becoming ill while on annual leave may haveleave charged to sick leave upon request.D. For periods of absence of three (3) days or less, asupervisor may accept an employee’s certification as reasonfor an absence.(See Memos, pages 328 and 333)Section 6. Minimum Charge for LeaveThe minimum unit charged for sick leave and annual leave forregular work force employees as defined in Article 7, Section1.A, is one hundredth of an hour (.01 hour).Employees may utilize annual and sick leave in conjunctionwith leave without pay, subject to the approval of the leave inaccordance with normal leave approval procedures. The41

Article 11Employer is not obligated to approve such leave for the lasthour of the employee’s scheduled workday prior to and/or thefirst hour of the employee’s scheduled workday after a holiday.(See Memos, pages 328-335)(Additional leave provisions regardingPSEs can be found in Appendix A.)ARTICLE 11HOLIDAYSSection 1. Holidays ObservedThe following ten (10) days shall be considered holidays forfull-time and part-time regular scheduled employeeshereinafter referred to in this Article as “employees”:Section 2. EligibilityNew Year’s DayMartin Luther King, Jr.’s BirthdayWashington’s BirthdayMemorial DayIndependence DayLabor DayColumbus DayVeterans’ DayThanksgiving DayChristmas DayTo be eligible for holiday pay, an employee must be in a paystatus the last hour of the employee’s scheduled workday priorto or the first hour of the employee’s scheduled workday afterthe holiday.42

Article 11.4.CSection 3. PaymentA. An employee shall receive holiday pay at the employee’sbase hourly straight time rate for a number of hours equal tothe employee’s regular daily working schedule, not to exceedeight (8) hours. Effective February 2, 2002, employees whowork their holiday, at their option, may elect to have theirannual leave balance credited with eight (8) hours of annualleave in lieu of holiday leave pay.B. Holiday pay is in lieu of other paid leave to which anemployee might otherwise be entitled on the employee’sholiday.Section 4. Holiday WorkA. An employee required to work on a holiday other thanChristmas shall be paid the base hourly straight time rate foreach hour worked up to eight (8) hours. Effective February 2,2002, employees who work their holiday, at their option, mayelect to have their annual leave balance credited with up toeight (8) hours of annual leave or receive holiday pay to whichthe employee is entitled as above described.B. An employee required to work on Christmas shall bepaid one and one-half (1½) times the base hourly straight timerate for each hour worked. Effective February 2, 2002,employees who work their holiday, at their option, may elect tohave their annual leave balance credited with up to eight(8) hours of annual leave or receive holiday pay to which theemployee is entitled as above described.C. Deferred holiday leave credited in accordance withSection 4.A or 4.B, above, will be subject to all applicable rulesfor requesting and scheduling annual leave and shall becombined with annual leave and counted as annual leave forpurposes of annual leave carryover.43

Article 11.5Section 5. Holiday on Non-Work DayA. When a holiday falls on Sunday, the following Mondaywill be observed as the holiday. When a holiday falls onSaturday, the preceding Friday shall be observed as theholiday.B. When an employee’s scheduled non-work day falls on aday observed as a holiday, the employee’s scheduled workdaypreceding the holiday shall be designated as that employee’sholiday.Section 6. Holiday ScheduleA. The Employer will determine the number and categoriesof employees needed for holiday work and a schedule shall beposted as of the Tuesday preceding the service week in whichthe holiday falls.(See Memo, page 326)B. As many full-time and part-time regular scheduleemployees as can be spared will be excused from duty on aholiday or day designated as their holiday. Such employees willnot be required to work on a holiday or day designated as theirholiday unless all PSEs and part-time flexibles (in Level 20and below post offices) are utilized to the maximum extentpossible even if the payment of overtime is required, andunless all full-time and part-time regulars with the needed skillswho wish to work on the holiday have been afforded anopportunity to do so.C. An employee scheduled to work on a holiday who doesnot work shall not receive holiday pay, unless such absence isbased on an extreme emergency situation and is excused bythe Employer.44

Article 12.1.AD. Postal Support EmployeesPSEs will be scheduled for work on a holiday or designatedholiday after all full-time volunteers are scheduled to work ontheir holiday or designated holiday. They will be scheduled, tothe extent possible, prior to any full-time volunteers or nonvolunteersbeing scheduled to work a nonscheduled day orany full-time non-volunteers being required to work theirholiday or designated holiday. If the parties have locallynegotiated a pecking order that would schedule full-timevolunteers on a nonscheduled day, the Local Memorandum ofUnderstanding will apply.Section 7. Holiday Part-Time EmployeeA part-time flexible schedule employee shall not receiveholiday pay as such. The employee shall be compensated forthe ten (10) holidays by basing the employee’s regular straighttime hourly rate on the employee’s annual rate divided by2,000 hours. For work performed on December 25 a part-timeflexible schedule employee shall be paid in addition to theemployee’s regular straight time hourly rate, one-half (1/2)times the employee’s regular straight time hourly rate for eachhour worked up to eight (8) hours.ARTICLE 12PRINCIPLES OF SENIORITY, POSTING ANDREASSIGNMENTSSection 1. Probationary PeriodA. The probationary period for a new employee shall beninety (90) calendar days. The Employer shall have the right toseparate from its employ any probationary employee at anytime during the probationary period and these probationaryemployees shall not be permitted access to the grievanceprocedure in relation thereto. If the Employer intends to45

Article 12.1.Bseparate an employee during the probationary period forscheme failure, the employee shall be given at least seven(7) days advance notice of such intent to separate theemployee. If the employee qualifies on the scheme within thenotice period, the employee will not be separated for priorscheme failure.B. The parties recognize that the failure of the Employer todiscover a falsification by an employee in the employmentapplication prior to the expiration of the probationary periodshall not bar the use of such falsification as a reason fordischarge.C. When an employee completes the probationary period,seniority will be computed in accordance with this Agreementas of the initial day of full-time or part-time employment.D. When an employee who is separated from the PostalService for any reason is rehired, the employee shall serve anew probationary period. If the separation was due todisability, the employee’s seniority shall be established inaccordance with Section 2, if applicable.Section 2. Principles of SeniorityA. Except as specifically provided in this Article, theprinciples of seniority are established in the craft Articles of thisAgreement.B. An employee who left the bargaining unit on or afterNovember 20, 1994, and returns to the same craft andinstallation:1. will begin a new period of seniority if the employeereturns from a position outside the Postal Service;or2. will begin a new period of seniority if the employeereturns from a non-bargaining unit position within46

Article 12.3.A.3the Postal Service, unless the employee returnswithin 1 year from the date the employee left theunit.C. An employee who left the bargaining unit before July 21,1973, and returns to the same craft shall have seniority asspecified in the 1971-1973 National Agreement.D. An employee who left the bargaining unit during theperiod from July 21, 1973, to November 19, 1994, and returnsto the same craft has seniority as provided in the 1990-1994National Agreement.E. Except as provided in the Motor Vehicle craft, anemployee who left the craft and/or installation and returns tothe same craft and/or installation will begin a new period ofseniority unless the employee returns within 1 year from thedate the employee left the craft and/or installation.F. The seniority for employees returning, within one year,under B.2. above shall be established after reassignment asthe seniority the employee had when he/she left minusseniority credit for service outside the bargaining unit, craftand/or installation.Section 3. Principles of PostingA. To insure a more efficient and stable work force, anemployee may be designated a successful bidder no morethan five (5) times during the duration of this Agreement unlesssuch bid:1. is to a job in a higher wage level;2. is to a duty assignment which does not require adeferment period or additional off-site training;3. is due to elimination or reposting of the employee’sduty assignment; or47

Article 12.3.A.44. enables an employee to become assigned to astation closer to the employee’s place of residence.B. Specific provisions for posting for each craft arecontained in the craft posting provisions of this Agreement.Section 4. Principles of ReassignmentsA. A primary principle in effecting reassignments will bethat dislocation and inconvenience to employees in the regularwork force shall be kept to a minimum, consistent with theneeds of the service. Reassignments will be made inaccordance with this Section and the provisions of Section 5below.B. When a major relocation of employees is planned inmajor metropolitan areas or due to the implementation ofnational postal mail networks, the Employer will apply thisArticle in the development of the relocation and reassignmentplan. At least 90 days in advance of implementation of suchplan, the Employer will meet with the Union at the national levelto fully advise the Union how it intends to implement the plan.If the Union believes such plan violates the NationalAgreement, the matter may be grieved.Such plan shall include a meeting at the regional level inadvance (as much as six months whenever possible) of thereassignments anticipated. The Employer will advise the Unionbased on the best estimates available at the time of theanticipated impact; the numbers of employees affected bycraft; the locations to which they will be reassigned; and, in thecase of a new installation, the anticipated complement by tourand craft. The Union at the regional level will be periodicallyupdated by the Employer should any of the information changedue to more current data being available.(See Memo, page 411)48

Article 12.5.A.3C. When employees are excessed out of their craft orinstallation, the Union at the regional level shall be providedwith a comparative work hour report of the losing craft orinstallation forty-five (45) days, if possible, after the excessingof such employees.If a review of the report does not substantiate that businessconditions warranted the action taken, such employees shallhave their retreat rights activated. If the retreat right is denied,the employees have the right to the grievance-arbitrationprocedure.D. In order to minimize the impact on employees in theregular work force, the Employer agrees to separate, to theextent possible, PSEs working in the affected craft andinstallation prior to excessing any regular employee in that craftout of the installation. The junior full-time employee who isbeing excessed has the option of reverting to part-time flexiblestatus in his/her craft, or of being reassigned to the gaininginstallation.Section 5. ReassignmentsA. Basic Principles and ReassignmentsWhen it is proposed to:1. Discontinue an independent installation;2. Consolidate an independent installation (i.e.,discontinue the independent identity of aninstallation by making it part of another andcontinuing independent installation);3. Transfer a classified station or classified branch tothe jurisdiction of another installation or make anindependent installation;49

Article 12.5.A.44. Reassign within an installation employees excessto the needs of a section of that installation;5. Reduce the number of regular work forceemployees of an installation other than by attrition;6. Centralized mail processing and/or deliveryinstallation (Clerk Craft only);7. Reassignment—motor vehicles;8. Reassignment—part-time flexibles in excess ofquota; such actions shall be subject to thefollowing principles and requirements.B. Principles and Requirements1. Dislocation and inconvenience to full-time andpart-time flexible employees shall be kept to theminimum consistent with the needs of the service.When the reassignment of employee(s)represented by the APWU is to withheldvacancies outside of the employee’s presentinstallation, the date on which the reassignmentwill occur will be the same for all impactedemployees within the same Postal Area in whichthe excessing is occurring. Excessing of APWUemployees within the same Postal Area cannotoccur more than once in any three (3) calendarmonth period, except by mutual agreement ofthe parties.2. The Vice-President, Area Operations shall give fullconsideration to withholding sufficient full-time andpart-time flexible positions within the area for fulltimeand part-time flexible employees who may beinvoluntarily reassigned. Management shallidentify duty assignments within the appropriate50

Article 12.5.B.4radius held by PSEs which shall be madeavailable for the reassignment of excess careeremployees. When positions are withheld, localmanagement will periodically review the continuingneed for withholding such positions and discusswith the union the results of such review.3. The Union shall be notified in advance (as much assix (6) months whenever possible), such notificationto be at the regional level, except under A.4 above,which shall be at the local level.4. Following Regional notification, the parties willmeet at the Regional/Area level to discuss theexcessing event. At this meeting, the Employerwill provide a listing of the residual vacanciesfor the excessing event.If the radius of the event exceeds 50 miles, theparties will agree on a timeframe for the offeringand awarding of the residual vacancies. Thisagreed-upon process is to provide the impactedemployee(s) at least 60 days written notice ofthe awarded duty assignment prior to thereporting date, unless the parties agree to alesser period.If the radius is within 50 miles, the parties willagree on a timeframe for the offering andawarding of residual vacancies. This agreeduponprocess is to provide the impactedemployee(s) at least 30 days written notice ofthe awarded duty assignment prior to thereporting date, unless the parties agree to alesser period.51

Article 12.5.B.55. Full-time and part-time flexible employeesinvoluntarily detailed or reassigned from oneinstallation to another shall be given not less than60 days advance notice, if possible, and shallreceive moving, mileage, per diem andreimbursement for movement of household goodsas appropriate if legally payable will be governed bythe applicable USPS Handbooks and Manuals.6. Any employee volunteering to accept reassignmentto another craft or occupational group, anotherbranch of the Postal Service, or another installationshall start a new period of seniority beginning withsuch assignment, except as provided herein.7. Whenever changes in mail handling patterns areundertaken in an area including one or more postalinstallations with resultant successivereassignments of clerks from those installations toone or more central installations, the reassignmentof clerks shall be treated as details for the first 180days in order to prevent inequities in the senioritylists at the gaining installations. The 180 days iscomputed from the date of the first detail of a clerkto the central, consolidated or new installation inthat specific planning program. If a tie develops inestablishing the merged seniority roster at thegaining installation, it shall be broken by totalcontinuous service in the regular work force in thesame craft.8. Whenever in this Agreement provision is made forreassignments, it is understood that any full-time orpart-time flexible employee reassigned must meetthe qualification requirements of the position towhich reassigned.52

Article 12.5.C.1.a9. Whenever the provisions of the Sectionestablishing seniority are inconsistent with theprovisions of the Craft Articles of this Agreement,the provisions of the Craft Articles shall prevail.10. It is understood that any employee entitledhereunder to a specific placement may exercisesuch entitlement only if no other employee has asuperior claim hereunder to the same position.11. Surplus/excess U.S. Postal Service Employees—Surplus/excess U.S. Postal Service employeesfrom non-mail processing and non-mail deliveryinstallations, regional offices, the U.S. PostalService Headquarters or from other Federaldepartments or agencies shall be placed at the footof the part-time flexible roll and begin a new periodof seniority effective the date of reassignment.Except as provided in Article 12.2, surplus/excessU.S. Postal Service employees from an APWUbargaining unit in any such facility shall begin a newperiod of seniority but will retain their full-time orpart-time status.C. Special Provisions on ReassignmentsIn addition to the general principles and requirementsabove specified, the following specific provisions areapplicable:1. Discontinuance of an Independent Installationa. When an independent installation isdiscontinued, all full-time and part-timeflexible employees shall, to the maximumextent possible, be involuntarily reassigned tocontinuing postal positions in accordance withthe following:53

Article 12.5.C.1.bb. Involuntary reassignment of full-timeemployees with their seniority for dutyassignments to vacancies in the same orlower level in the same craft or occupationalgroup in installations within 100 miles of thediscontinued installation, or in more distantinstallations, if after consultation with theUnion, it is determined that it is necessary.The Postal Service will designate suchinstallations for the reassignment of excessfull-time employees. When two or more suchvacancies are simultaneously available, firstchoice of duty assignment shall go to thesenior employee entitled by displacementfrom a discontinued installation to suchplacement.c. Involuntary reassignment of full-timeemployees for whom consultation did notprovide for placement under C.1.b above inother crafts or occupational groups in whichthey meet minimum qualifications at the sameor lower level with permanent seniority for dutyassignments under (1) and (2) below,whichever is lesser:(1) One day junior to the seniority of thejunior full-time employee in the samelevel and craft or occupation in theinstallation to which assigned, or(2) The seniority the employee had in thecraft from which reassigned.d. Involuntary reassignment of part-time flexibleemployees with seniority in any vacancy in thepart-time flexible quota in the same craft oroccupational group at any installation within54

Article 12.5.C.1.g100 miles of the discontinued installation, or inmore distant installations, if after consultationwith the Union it is determined that it isnecessary, the Postal Service will designatesuch installations for the reassignment of thepart-time flexible employees.e. Involuntary reassignment of part-time flexibleemployees for whom consultation did notprovide for placement under C.1.d above inother crafts or occupational groups in whichthey meet minimum qualification at the sameor lower level at the foot of the existing parttimeflexible roster at the receiving installationand begin a new period of seniority.f. Full-time employees for whom no full-timevacancies are available by the time theinstallation is discontinued shall be changedto part-time flexible employees in the samecraft and placed as such, but shall for sixmonths retain placement rights to full-timevacancies developing within that time withinany installation within 100 miles of thediscontinued installation, or in more distantinstallations, if after consultation with theUnion it is necessary, U.S. Postal Service willdesignate such installations for thereassignment of excess full-time employeeson the same basis as if they had remained fulltime.g. Employees, full-time or part-time flexible,involuntarily reassigned as above providedshall upon the reestablishment of thediscontinued installation be entitled toreassignment with full seniority to the first55

Article 12.5.C.2vacancy in the reestablished installation in thelevel, craft or occupational group from whichreassigned.(See Memo, page 342)2. Consolidation of an Independent Installationa. When an independent postal installation isconsolidated with another postal installation,each full-time or part-time flexible employeeshall be involuntarily reassigned to thecontinuing installation without loss of seniorityin the employee’s craft or occupational group.b. Where reassignments under 2.a, preceding,result in an excess of employees in any craftor occupational group in the continuinginstallation, identification and placement ofexcess employees shall be accomplished bythe continuing installation in accordance withthe provisions of this Agreement coveringsuch situations.c. If the consolidated installation again becomesan independent installation, each full-time andpart-time flexible employee whosereassignment was necessitated by theprevious consolidation shall be entitled to thefirst vacancy in the reestablished installation inthe level and craft or occupational group heldat the time the installation was discontinued.3. Transfer of a Classified Station or ClassifiedBranch to the Jurisdiction of AnotherInstallation or Made an Independent Installationa. When a classified station or classified branchis transferred to the jurisdiction of another56

Article 12.5.C.4.ainstallation or made an independentinstallation, all full-time employees shall attheir option remain with the classified stationor classified branch without loss of seniority,or remain with the installation from which theclassified station or classified branch is beingtransferred.b. A realistic appraisal shall be made of thenumber of employees by crafts or occupationswho will be needed in the station aftertransfer, and potential vacancies within theserequirements created by the unwillingness ofemployees to follow the station to the newjurisdiction shall be posted for bid on anoffice-wide basis in the losing installation.c. If the postings provided in paragraph 3.b,preceding, do not result in sufficientemployees to staff the transferred classifiedstation or classified branch, junior employees,by craft or occupational group on aninstallation-wide seniority basis in the losinginstallation, shall be involuntarily reassigned tothe classified station or classified branch andeach employee thus involuntarily reassignedshall be entitled to the first vacancy in suchemployee’s level and craft or occupationalgroup in the installation from whichtransferred.4. Reassignment Within an Installation ofEmployees Excess to the Needs of a Sectiona. The identification of assignments comprisingfor this purpose a section shall be determinedlocally by local negotiations. If no sections are57

Article 12.5.C.4.bestablished immediately by local negotiations,the entire installation shall comprise thesection.b. Full-time employees, excess to the needs of asection, starting with that employee who isjunior in the same craft or occupational groupand in the same level assigned in that section,shall be reassigned outside the section butwithin the same craft or occupational group.They shall retain their seniority and may bid onany existing vacancies for which they areeligible to bid. If they do not bid, they may beassigned in any vacant duty assignment forwhich there was no senior bidder in the samecraft and installation. Their preference is to beconsidered if more than one such assignmentis available.c. Such reassigned full-time employee retainsthe right to retreat to the section from whichwithdrawn only upon the occurrence of thefirst residual vacancy in the salary level afteremployees in the section have completedbidding. Such bidding in the section is limitedto employees in the same salary level as thevacancy. Failure to bid for the first availablevacancy will end such retreat right. The rightto retreat to the section is optional with theemployee who has retreat rights with respectto a vacancy in a lower salary level. Failure toexercise the option does not terminate theretreat rights in the salary level in which theemployee was reassigned away from thesection. In the Clerk Craft, an employee mayexercise the option to retreat to a vacancy in alower salary level only to an assignment for58

59Article 12.5.C.5.a.(4)which the employee would have beenotherwise eligible to bid.d. The duty assignment vacated by thereassignment of the junior full-time employeefrom the section shall be posted for bid of thefull-time employees in the section. If there areno bids, the junior remaining unassigned fulltimeemployee in the section shall be assignedto the vacancy.5. Reduction in the Number of Employees in anInstallation Other Than by Attritiona. Reassignments within installation. When forany reason an installation must reduce thenumber of employees more rapidly than ispossible by normal attrition, that installation:(1) Shall determine by craft andoccupational group the number ofexcess employees;(2) Shall, to the extent possible, minimize theimpact on regular work force employeesby separation of all PSEs;(3) Shall, to the extent possible, minimize theimpact on full-time positions by reducingpart-time flexible hours;(4) Shall identify as excess the necessarynumber of junior full-time employees inthe salary level, craft, and occupationalgroup affected on an installation-widebasis within the installation; makereassignments of excess full-timeemployees who meet the minimumqualifications for vacant assignments in

Article 12.5.C.5.a.(5)other crafts in the same installation;involuntarily reassign them (except asprovided for letter carriers and vehicleservice employees in Section C.5.bbelow) in the same or lower level.(5) The employee shall be returned at thefirst opportunity to the craft from whichreassigned. If an employee isreassigned to an APWU representedcraft, when the installation notifies theemployee in writing that he or she willbe returned to the craft from whichreassigned, and before the employeeis returned, the employee may waivereturn to the former craft by writtennotification to the installation head ordesignee within five (5) calendar daysof the notification.(6) When returned, the employee retainsseniority previously attained in the craftaugmented by intervening employment inthe other craft.(7) The right of election by a senioremployee provided in paragraph b(3),below is not available for this cross-craftreassignment within the installationexcept for reassignments solelybetween APWU represented crafts. Asenior volunteer as provided inparagraph b(3) below shall be allowedbetween APWU represented crafts.Seniority for employees is establishedin the respective gaining craft article.60

Article 12.5.C.5.b.(1).(a)b. Reassignments to other installations aftermaking reassignments within the installation:(1) Involuntarily reassign such excess fulltimeemployees starting with the juniorwith their seniority for duty assignmentsto vacancies in the same or lower level inthe APWU crafts in installations within100 miles of the losing installation, or inmore distant installations if afterconsultation with the Union it isdetermined that it is necessary, thePostal Service will designate suchinstallations for the reassignment ofexcess full-time employees. Employeeswho meet the minimum qualifications willbe afforded their option of availablevacancies by seniority. However:(a) Whenever full-time or part-timemotor vehicle craft assignments arediscontinued in an installation andthere is an excess in a positiondesignation and salary level, theexcess shall be adjusted to themaximum extent possible bymaking voluntary reassignments tovacant motor vehicle craft positionsin installations within 100 milesunless the employee applies for avacancy in a more distantinstallation. Senior qualifiedapplicants for such vacant positionsshall be reassigned. Whenreassignment is in the same61

Article 12.5.C.5.b.(2)designation and salary level, thereassigned employee retains his/herseniority.(2) Involuntarily reassign full-time employeesfor whom consultation did not provide forplacement under b(1) above in othercrafts or occupational groups in whichthey meet minimum qualifications at thesame or lower level.(See Memos, pages 336 and 338)(3) Any senior employee in the same craft oroccupational group in the sameinstallation may elect to be reassigned tothe gaining craft/installation. Seniorityfor employees is established in therespective gaining craft article. Suchsenior employees who acceptreassignment to the gaining installationdo not have retreat rights.(4) When two or more such vacancies aresimultaneously available, first choice ofduty assignment shall go to the senioremployee entitled by displacement froma discontinued installation to suchplacement.(5) In the Clerk Craft, in offices Level 20and below, a full-time employee shallhave the option of changing to a parttimeflexible in lieu of involuntaryreassignment.(6) Employees involuntarily reassigned underb(1) and (2) above, other than senioremployees who elect to be reassigned in62

Article 12.5.C.5.b.(6)place of junior employees, shall beentitled at the time of such reassignmentto file a written request to be returned tothe first vacancy in the level, in the craftor occupational group in the installationfrom which reassigned, and such requestshall be honored so long as the employeedoes not withdraw it or decline to acceptan opportunity to return in accordancewith such request.In the Clerk Craft, an employee(s)involuntarily reassigned shall be entitledat the time of such reassignment to file awritten request to return to the firstvacancy in the craft and installation fromwhich reassigned. Such request forretreat rights must indicate whether theemployee(s) desires to retreat to thesame, lower, and/or higher salary levelassignment and, if so, what salarylevel(s). The employee(s) shall have theright to bid for vacancies within theformer installation and the written requestfor retreat rights shall serve as a bid forall vacancies in the level from which theemployee was reassigned and for allresidual vacancies in other levels forwhich the employee has expressed adesire to retreat. The employee(s) mayretreat to only those assignments forwhich the employee(s) would have beenotherwise eligible to bid. If vacancies areavailable in a specified lower, higher orsame salary level, the employee will begiven the option. Failure to exercise63

Article 12.5.C.6retreat rights to the first availablevacancy terminates such rights.Furthermore, employee(s) electing toretreat to a lower level assignment arenot entitled to salary protection.(See Memos, pages 337, 338, 342, and 411)6. Centralized Mail, Processing and/or DeliveryInstallation (Clerk Craft Only)a. When the operations at a centralizedinstallation or other mail processing and/ordelivery installation result in an excess of fulltimeclerks at another installation(s), full-timeclerks who are excess in a losing installation(s)by reason of the change, shall be reassignedas provided in Section C.5.b. Reassignmentsof clerks shall be treated as details for the first180 days to avoid inequities in the selection ofpreferred duty assignments by full-time clerksin the gaining installation.b. Previously established preferred dutyassignments which become vacant beforeexpiration of the detail period must be postedfor bid and awarded to eligible full-time clerksthen permanently assigned in the gaininginstallation. Excess part-time flexible clerksmay be reassigned as provided for inSection C.8.c. All new duty assignments created in thegaining installation and all other vacant dutyassignments in the centralized installationshall be posted for bid. One hundred eighty(180) days is computed from the date of thefirst detail of an employee. Bidding shall be64

65Article 12.5.C.7.bopen to all full-time clerks of the craft involvedat the gaining installation. This includes fulltimeclerks assigned to the gaining installation.d. When the centralized installation is a new one:(1) Full-time clerks who apply forreassignment from the losing installation,shall be reassigned with their seniority.(2) Reassignments shall be in the order ofseniority and shall not exceed thenumber of excess full-time clerks in thelosing installation.(3) The provisions of 5.a, above, apply toreassign junior full-time excess clerks,with their seniority, when there areexcess full-time clerks after thereassignment of senior full-time clerkswho apply for reassignment.7. Reassignments — Motor Vehiclea. When a vehicle maintenance facility isestablished to replace an auxiliary garage,full-time craft positions in the gaininginstallation are to be posted in the losinginstallation for applications by full-timeemployees, respectively. Senior qualifiedapplicants shall be reassigned without loss ofseniority, but not to exceed the number ofexcess employees in the losing installation.b. When a vehicle maintenance facility isestablished to replace vehicle maintenance ina perimeter office, full-time craft positions inthe new maintenance facility shall be posted inthe losing installation for applications by full-

Article 12.5.C.7.ctime employees, respectively. Senior qualifiedapplicants shall be reassigned without loss ofseniority, but not to exceed the number ofexcess employees in the losing installation.c. When vehicle operations are changed bytransfer from one installation to another, newfull-time craft positions shall be posted forapplications in the losing installation byfull-time employees in the craft, respectively.Senior qualified applicants shall be reassignedwithout loss of seniority, but not to exceed thenumber of excess employees in the losinginstallation.d. After all reassignments have been made to thegaining installation, pursuant to Subsectionsa, b and c, the new full-time assignments inthe gaining installation shall be posted for bid.e. If, after establishment of a new installation,operations result in further excess at losinginstallation(s), the procedures in Subsectionsa, b, c and d, above, apply to reassign seniorapplicants from the losing installation(s) topositions in the new installation.8. Reassignment — Part-Time Flexible Employeesin Excess of QuotaWhere there are part-time flexible employees inexcess of the part-time flexible quota for the craftfor whom work is not available, part-time flexibleslowest on the part-time flexible roll equal in numberto such excess may at their option be reassigned tothe foot of the part-time flexible roll in the same oranother craft in another installation.66

Article 12.5.C.8.da. An excess employee reassigned to anothercraft in the same or another installation shallbe assigned to the foot of the part-timeflexible roll and begin a new period ofseniority.b. An excess part-time flexible employeereassigned to the same craft in anotherinstallation shall be placed at the foot of thepart-time flexible roll. Upon change to full-timefrom the top of the part-time flexible roll, theemployee’s seniority for preferredassignments shall include the seniority theemployee had in losing installation augmentedby part-time flexible service in the gaininginstallation.c. A senior part-time flexible in the same craft oroccupational group in the same installationmay elect to be reassigned in anotherinstallation in the same or another craft andtake the seniority, if any, of the senior excesspart-time flexible being reassigned, as setforth in a and b, above.d. The Postal Service will designate, afterconsultation with the Union, vacancies atinstallations in which excess part-timeflexibles may request to be reassignedbeginning with vacancies in other crafts in thesame installation; then vacancies in the samecraft in other installations; and finallyvacancies in other crafts in other installationsmaking the designations to minimizerelocation hardships to the extent practicable.67

Article 12.5.C.8.ee. Part-time flexibles reassigned to another craftin the same installation shall be returned to thefirst part-time flexible vacancy within the craftand level from which reassigned.f. Part-time flexibles reassigned to otherinstallations have retreat rights to the nextsuch vacancy according to their standing onthe part-time flexible roll in the losinginstallation but such retreat right does notextend to part-time flexibles who elect torequest reassignment in place of the juniorpart-time flexibles.g. The right to return is dependent upon a writtenrequest made at the time of reassignmentfrom the losing installation and such requestshall be honored unless it is withdrawn or anopportunity to return is declined.D. Part-Time Regular EmployeesPart-time regular employees assigned in the craft units shall beconsidered to be in a separate category. All provisions of thisSection apply to part-time regular employees within their owncategory.Section 6. TransfersA. Installation heads will consider requests for transferssubmitted by employees from other installations.B. Providing a written request for a voluntary transfer hasbeen submitted, a written acknowledgment shall be given in atimely manner.(See Memos, pages 338 and 422)68

Article 13.2.AARTICLE 13ASSIGNMENT OF ILL OR INJURED REGULARWORKFORCE EMPLOYEESSection 1. IntroductionA. Part-time fixed schedule employees assigned in thecraft unit shall be considered to be in a separate category. Allprovisions of this Article apply to part-time fixed scheduleemployees within their own category.B. The U.S. Postal Service and the Union recognizing theirresponsibility to aid and assist deserving full-time regular orpart-time flexible employees who through illness or injury areunable to perform their regularly assigned duties, agree to thefollowing provisions and conditions for reassignment totemporary or permanent light duty or other assignments. It willbe the responsibility of each installation head to implement theprovisions of this Agreement within the installation, after localnegotiations.Section 2. Employee’s Request for ReassignmentA. Temporary ReassignmentAny full-time regular or part-time flexible employeerecuperating from a serious illness or injury and temporarilyunable to perform the assigned duties may voluntarily submit awritten request to the installation head for temporaryassignment to a light duty or other assignment. The requestshall be supported by a medical statement from a licensedphysician or by a written statement from a licensedchiropractor stating, when possible, the anticipated duration ofthe convalescence period. Such employee agrees to submit toa further examination by a Public Health Service doctor orphysician designated by the installation head, if that official sorequests.69

Article 13.2.BB. Permanent Reassignment1. Any ill or injured full-time regular or part-timeflexible employee having a minimum of five years ofpostal service, or any full-time regular or part-timeflexible employee who sustained injury on duty,regardless of years of service, while performing theassigned duties can submit a voluntary request forpermanent reassignment to light duty or otherassignment to the installation head if the employeeis permanently unable to perform all or part of theassigned duties. The request shall be accompaniedby a medical certificate from the United StatesPublic Health Service or a physician designated bythe installation head giving full evidence of thephysical condition of the employee, the need forreassignment, and the ability of the employee toperform other duties. A certificate from theemployee’s personal physician will not beacceptable.2. The following procedures are the exclusiveprocedures for resolving a disagreement betweenthe employee’s physician and the physiciandesignated by the USPS concerning the medicalcondition of an employee who has requested a permanentlight duty assignment. These proceduresshall not apply to cases where the employee’smedical condition arose out of an occupational illnessor injury. On request of the Union, a thirdphysician will be selected from a list of five BoardCertified Specialists in the medical field for the conditionin question, the list to be supplied by thelocal Medical Society. The physician will beselected by the alternate striking of names from thelist by the Union and the Employer. The Employerwill supply the selected physician with all relevant70

Article 13.3.Bfacts including job description and occupationalphysical requirements. The decision of the thirdphysician will be final as to the employee’s medicalcondition and occupational limitations, if any. Anyother issues relating to the employee’s entitlementto a light duty assignment shall be resolved throughthe grievance-arbitration procedure. The costs ofthe services of the third physician shall be sharedby the Union and the Employer.C. Installation heads shall show the greatest considerationfor full-time regular or part-time flexible employees requiringlight duty or other assignments, giving each request carefulattention, and reassign such employees to the extent possiblein the employee’s office. When a request is refused, theinstallation head shall notify the concerned employee inwriting, stating the reasons for the inability to reassign theemployee.Section 3. Local ImplementationDue to varied size installations and conditions withininstallations, the following important items having a directbearing on these reassignment procedures (establishment oflight duty assignments) should be determined by localnegotiations.A. Through local negotiations, each office will establish theassignments that are to be considered light duty within eachcraft represented in the office. These negotiations shouldexplore ways and means to make adjustments in normalassignments, to convert them to light duty assignmentswithout seriously affecting the production of the assignment.B. Light duty assignments may be established from parttimehours, to consist of 8 hours or less in a service day and40 hours or less in a service week. The establishment of suchassignment does not guarantee any hours to a part-timeflexible employee.71

Article 13.3.CC. Number of Light Duty Assignments. The number ofassignments within each craft that may be reserved fortemporary or permanent light duty assignments, consistentwith good business practices, shall be determined by pastexperience as to the number of reassignments that can beexpected during each year, and the method used in reservingthese assignments to insure that no assigned full-time regularemployee will be adversely affected, will be defined throughlocal negotiations. The light duty employee’s tour hours, worklocation and basic work week shall be those of the light dutyassignment and the needs of the service, whether or not thesame as for the employee’s previous duty assignment.Section 4. General Policy ProceduresA. Every effort shall be made to reassign the concernedemployee within the employee’s present craft or occupationalgroup, even if such assignment reduces the number of hoursof work for the PSEs. After all efforts are exhausted in thisarea, consideration will be given to reassignment to anothercraft or occupational group within the same installation.B. The full-time regular or part-time flexible employee mustbe able to meet the qualifications of the position to which theemployee is reassigned on a permanent basis. On a temporaryreassignment, qualifications can be modified providedexcessive hours are not used in the operation.C. The reassignment of a full-time regular or part-timeflexible employee to a temporary or permanent light duty orother assignment shall not be made to the detriment of anyfull-time regular on a scheduled assignment or give areassigned part-time flexible preference over other part-timeflexible employees.D. The reassignment of a full-time regular or part-timeflexible employee under the provisions of this Article to anagreed-upon light duty temporary or permanent or other72

Article 13.4.Gassignment within the office, such as type of assignment, areaof assignment, hours of duty, etc., will be the decision of theinstallation head who will be guided by the examiningphysician’s report, employee’s ability to reach the place ofemployment and ability to perform the duties involved.E. An additional full-time regular position can be authorizedwithin the craft or occupational group to which the employee isbeing reassigned, if the additional position can be establishedout of the part-time hours being used in that operation withoutincreasing the overall hour usage. If this cannot beaccomplished, then consideration will be given toreassignment to an existing vacancy.F. The installation head shall review each light dutyreassignment at least once each year, or at any time theinstallation head has reason to believe the incumbent is able toperform satisfactorily in other than the light duty assignmentthe employee occupies. This review is to determine the needfor continuation of the employee in the light duty assignment.Such employee may be requested to submit to a medicalreview by the United States Public Health Service or by aphysician designated by the installation head if the installationhead believes such examination to be necessary.G. The following procedures are the exclusive proceduresfor resolving a disagreement between the employee’sphysician and the physician designated by the USPSconcerning the medical condition of an employee who is on alight duty assignment. These procedures shall not apply tocases where the employee’s medical condition arose out of anoccupational illness or injury. On request of the Union, a thirdphysician will be selected from a list of five Board CertifiedSpecialists in the medical field for the condition in question, thelist to be supplied by the local Medical Society. The physicianwill be selected by the alternate striking of names from the listby the Union and the Employer. The Employer will supply the73

Article 13.4.Hselected physician with all relevant facts including jobdescription and occupational physical requirements. Thedecision of the third physician will be final as to the employee’smedical condition and occupational limitations, if any. Anyother issues relating to the employee’s entitlement to a lightduty assignment shall be resolved through the grievancearbitrationprocedure. The costs of the services of the thirdphysician shall be shared by the Union and the Employer.H. When a full-time regular employee in a temporary lightduty assignment is declared recovered on medical review, theemployee shall be returned to the employee’s former dutyassignment, if it has not been discontinued. If such formerregular assignment has been discontinued the employeebecomes an unassigned full-time regular employee.I. If a full-time regular employee is reassigned in anothercraft for permanent light duty and later is declared recovered,on medical review, the employee shall be returned to the firstavailable full-time regular vacancy in complement in theemployee’s former craft. Pending return to such former craft,the employee shall be an unassigned full-time regularemployee. The employee’s seniority shall be restored toinclude service in the light duty assignment.J. When a full-time regular employee who has beenawarded a permanent light duty assignment within theemployee’s own craft is declared recovered, on medicalreview, the employee shall become an unassigned full-timeregular employee.K. When a part-time flexible on temporary light duty isdeclared recovered, the employee’s detail to light duty shall beterminated.L. When a part-time flexible who has been reassigned inanother craft on permanent light duty is declared recovered,such assignment to light duty shall be terminated. Section 4.I,74

75Article 13.5.Cabove, does not apply even though the employee hasadvanced to full-time regular while on light duty.M. Management will give the local union president advancewritten notification when it is proposed to reassign an ill orinjured light or limited duty employee to a cross-craftassignment into an APWU represented craft.Section 5. Filling Vacancies Due to Reassignment of anEmployee to Another CraftWhen it is necessary to permanently reassign an ill or injuredfull-time regular or part-time flexible employee who is unable toperform the regularly assigned duties, from one craft toanother craft within the office, the following procedures will befollowed:A. When the reassigned employee is a full-time regularemployee, the resulting full-time regular vacancy in thecomplement, not necessarily in the particular duty assignmentof the losing craft from which the employee is beingreassigned, shall be posted to give the senior of the full-timeregular employees in the gaining craft the opportunity to bereassigned to the vacancy, if desired.B. If no full-time regular employee accepts the opportunityto be assigned to the vacancy in the complement, notnecessarily in the particular duty assignment in the other craft,the senior of the part-time flexibles on the opposite roll whowishes to accept the vacancy shall be assigned to the full-timeregular vacancy in the complement of the craft of thereassigned employee.C. When the reassigned employee is a part-time flexible,the resulting vacancy in the losing craft shall be posted to givethe senior of the full-time regular or part-time flexibleemployees in the gaining craft the opportunity to be assignedto the part-time flexible vacancy, if desired, to begin a newperiod of seniority at the foot of the part-time flexible roll.

Article 13.5.DD. The rule in A and B, above, applies when a full-timeregular employee on permanent light duty is declaredrecovered and is returned to the employee’s former craft, togive the senior of the full-time regular or part-time flexibleemployees in the gaining craft the opportunity, if desired, to beassigned in the resulting full-time regular vacancy in thecomplement, not necessarily in the particular duty assignmentof the losing craft.Section 6. Seniority of an Employee Assigned to AnotherCraftA. Except as provided for in Section 4.I, above, a full-timeregular employee assigned to another craft or occupationalgroup in the same or lower level in the same installation shalltake the seniority for preferred tours and assignments,whichever is the lesser of (a) one day junior to the junior fulltimeregular employee in the craft or occupational group,(b) retain the seniority the employee had in the employee’sformer craft.B. A part-time flexible employee who is permanentlyassigned to a full-time regular or part-time flexible assignmentin another craft, under the provisions of this Article, shall begina new period of seniority. If assigned as a part-time flexible, itshall be at the foot of the part-time flexible roll.Section 1. ResponsibilitiesARTICLE 14SAFETY AND HEALTHIt is the responsibility of management to provide safe workingconditions in all present and future installations and to developa safe working force. The Union will cooperate with and assistmanagement to live up to this responsibility. The Employer willmeet with the Union on a semiannual basis and inform theUnion of its automated systems development programs. The76

Article 14.2.(d)Employer also agrees to give appropriate consideration tohuman factors in the design and development of automatedsystems. Human factors and ergonomics of new automatedsystems are a proper subject for discussion at the NationalJoint Labor-Management Safety Committee.Section 2. Cooperation(See Memo, page 347)The Employer and the Union insist on the observance of saferules and safe procedures by employees and insist oncorrection of unsafe conditions. Mechanization, vehicles andvehicle equipment, and the work place must be maintained in asafe and sanitary condition, including adequate occupationalhealth and environmental conditions. The Employer shall makeavailable at each installation the appropriate forms to be usedby employees in reporting unsafe and unhealthful conditions. Ifan employee believes he/she is being required to work underunsafe conditions, such employees may:(a) notify such employee’s supervisor who will immediatelyinvestigate the condition and take corrective action ifnecessary;(b) notify such employee’s steward, if available, who maydiscuss the alleged unsafe condition with such employee’ssupervisor;(c) file a grievance at Step 2 of the grievance procedurewithin fourteen (14) days of notifying such employee’ssupervisor if no corrective action is taken during theemployee’s tour, and/or(d) make a written report to the Union representative fromthe local Safety and Health Committee who may discuss thereport with such employee’s supervisor.77

Article 14.3Upon written request of the employee involved in an accident,a copy of the PS Form 1769 (Accident Report) will be provided.Any grievance filed in accordance with Section 2. (c) abovewhich is not resolved at Step 2 may only be appealed to thelocal Safety and Health Committee for discussion and decisionor may be appealed directly to arbitration within 21 days afterreceipt of the Employer’s Step 2 decision. Any such appeal tothe Safety and Health Committee must be made within fifteen(15) days after receipt of the Employer’s Step 2 decision unlessthe parties agree to extend the time for appeal. The committeeshall meet to discuss the grievance at the next regularlyscheduled Safety and Health Committee meeting. Anygrievance not resolved by the committee may be appealeddirectly to arbitration within 21 days of the committee’s review.If appealed to the regularly scheduled local Safety and HealthCommittee, the parties representatives shall be prepared topresent the issue to the committee with their assessment andresolution.Any grievance which has as its subject a safety or health issuedirectly affecting an employee(s) which is subsequentlyproperly appealed to arbitration in accordance with theprovisions of Article 15 may be placed at the head of theappropriate arbitration docket at the request of the Union.Section 3. ImplementationTo assist in the positive implementation of the variousprograms:A. There shall be established at the Employer’sHeadquarters level a Joint Labor-Management SafetyCommittee and a Joint Labor-Management ErgonomicsCommittee. Representation on the Committees, to bespecifically determined by the Employer and the Union, shallinclude one person from the Union and representatives from78

Article 14.3.Aappropriate Departments in the Postal Service. Not later than60 days following the effective date of this National Agreement,designated representatives of the Union and Management willmeet for the purpose of developing a comprehensive agendawhich will include all aspects of the Employer’s Safety Programand Ergonomics Program. Subsequent to the development ofthis agenda, priorities will be established and a tentativeschedule will be developed to insure full discussion of alltopics. Meetings may also be requested by either party for thespecific purpose of discussing additional topics of interestwithin the scope of the Committees.The responsibility of the Safety and the ErgonomicsCommittees will be to evaluate and make recommendations onall aspects of the Employer’s respective Safety andErgonomics Programs, to include program adequacy, fieldimplementation, studies for improving the work environment,training, and unsafe conditions. To support this process theEmployer shall establish a fund of $500,000 within ninety (90)days of the effective date of this Agreement. In January 2011and 2012 the Employer will replenish the fund to its originalamount. The Fund shall be supervised by the Joint NationalLabor-Management Safety Committee. Disbursement of thefunds for any expenditures shall be authorized by thechairperson of the Committee.The Chairman will be designated by the Employer. TheEmployer shall furnish the Union information relating to injuries,illness and safety, including the morbidity and mortalityexperience of employees. This report shall be in form of reportsfurnished OSHA on a quarterly basis. The Headquarters levelCommittee will meet quarterly and the Employer and UnionRepresentatives will exchange proposed agenda items twoweeks before the scheduled meetings. If problems or items ofsignificant, national nature arise between scheduled quarterlymeetings either party may request a special meeting of the79

Article 14.3.BCommittee. Either party will have the right to be accompaniedto any Committee meeting by technical advisors.B. There shall be established at the Employer’s Area level,an Area Joint Labor-Management Safety Committee, which willbe scheduled to meet quarterly. The Employer and UnionRepresentatives will exchange proposed agenda items twoweeks before the scheduled meetings. If problems or items ofa significant Area nature arise between scheduled quarterlymeetings, either party may request a special meeting of theCommittee. Either party will have the right to be accompaniedto any Committee meeting by technical advisors.Representation on the Committee shall include one personfrom the Union and appropriate representatives from thePostal Service Area Office. The Chairman will be designated bythe Employer.C. The Employer will make Health Service available for thetreatment of job related injury or illness where it determinesthey are needed. The Health Service will be available from anyof the following sources: U.S. Public Health Service; othergovernment or public medical sources within the area;independent or private medical facilities or services that can becontracted for; or in the event funds, spaces and personnel areavailable for such purposes, they may be staffed at theinstallation. The Employer will promulgate appropriateregulations which comply with applicable regulations of theOffice of Workers’ Compensation Programs, includingemployee choice of health services.D. The Employer will comply with Section 19 of theWilliams-Steiger Occupational Safety and Health Act.Section 4. Local Safety CommitteeAt each postal installation having 50 or more employees, aJoint Labor-Management Safety and Health Committee will beestablished. In installations having fewer than 50 employees,80

Article 14.6installation heads are encouraged to establish similarcommittees when requested by the Union. Where no Safetyand Health Committee exists, safety and health items may beplaced on the agenda and discussed at labor-managementmeetings. There shall be equal representation on theCommittee between the Union and management. Therepresentation on the Committee to be specifically determinedby the Employer and the Union shall include one person fromthe Union, except in installations with two or more APWUcrafts where up to two persons may be designated by theUnion, and appropriate management representatives. TheChairman will be designated by the Employer.It is recognized that under some circumstances, the presenceof an additional employee employed at the installation will beuseful to the local Safety and Health Committee because ofthat employee’s special expertise or experience with theagenda item being discussed. Under these circumstances,which will not normally be applicable to most agenda items,the employee may, at the request of the Union, be inattendance only for the time necessary to discuss that item.Payment for the actual time spent at such meetings by theemployee will be at the applicable straight-time rate, providingthe time spent is a part of the employee’s regular workday.Section 5. Subjects for DiscussionIndividual grievances may be made the subject of discussionduring local Safety and Health Committee meetings, inaccordance with Article 14, Section 2.Section 6. Employee ParticipationIt is the intent of this program to insure broad exposure toemployees, to develop interest by active participation ofemployees, to insure new ideas being presented to theCommittee and to make certain that employees in all areas of81

Article 14.7an installation have an opportunity to be represented. At thesame time, it is recognized that for the program to be effective,it is desirable to provide for a continuity in the committee workfrom year to year. Therefore, except for the Chairman andSecretary, the Committee members shall serve three-yearterms and shall at the discretion of the Union be eligible tosucceed themselves.Section 7. Local Committee MeetingsThe Safety and Health Committee shall meet at least quarterlyand at such other times as requested by a Committee memberand approved by the Chairman in order to discuss significantproblems or items. The meeting shall be on official time. EachCommittee member shall submit agenda items to theSecretary at least three (3) days prior to the meeting. Amember of the Health Unit will be invited to participate in themeeting of the Labor-Management Safety and HealthCommittee when agenda item(s) relate to the activities of theHealth Unit.Section 8. Local Committee ResponsibilitiesA. The Committee shall review the progress in accidentprevention and health at the installation; determine programareas which should have increased emphasis; and it mayinvestigate major accidents which result in disabling injuries.Items properly relating to employee safety and health shall beconsidered appropriate discussion items. Upon a timelyrequest, information or records necessary for the local Safetyand Health Committee to investigate real or potential safetyand health issues will be made available to the Committee.In addition, the Committee shall promote the cause of safetyand health in the installation by:82

83Article 14.8.A.51. Reviewing safety and health suggestions, safetytraining records and reports of unsafe conditions orpractices.2. Reviewing local safety and health rules.3. Identifying employee unsafe work practices andassisting in enforcing safety work rules.4. Reviewing updated list of hazardous materials usedin the installation.5. Identifying areas in which it is appropriate to requirethe presence of an additional person whilemaintenance work assignments are performed inhazardous areas to ensure adequate safetyprecautions.Once such work assignments are identified, thecommittee will develop an on-the-job safetyreview/analysis (Form 1783) to document that anadditional person will be used to avoid or minimizeidentified hazards.The Committee shall at its discretion render reports to theinstallation head and may at its discretion makerecommendations to the installation head for action on mattersconcerning safety and health. The installation head shall withina reasonable period of time advise the Committee that therecommended action has been taken or advise theHeadquarters Safety and Health Committee and the Presidentof the local Union as to why it has not. Any member of theCommittee may also submit a written report to theHeadquarters Safety and Health Committee in the event theCommittee’s recommendations are not implemented.Upon proper written request to the Chairman of theCommittee, on-the-spot inspection of particular troublesomeareas may be made by individual Committee members or a

Article 14.8.A.5Subcommittee or the Committee as a whole. Such requestshall not be unreasonably denied. When so approved, theCommittee members shall be on official time while makingsuch inspection.The Union representatives from the local Safety and HealthCommittee may participate on the annual inspection,conducted by District safety and health services personnel inthe main facility of each Processing and Distribution Center,Facility and BMC, provided that the Union representsemployees at the main facility of the Processing andDistribution Center, Facility or BMC being inspected. In nocase shall there be more than one (1) Union representative onsuch inspections except in 200 man-year facilities where up to(2) union representatives may participate.The Union representative from the local Safety and HealthCommittee may participate on other inspections of the mainfacility of each post office, Processing and Distribution Center,Facility, BMC, or other installation with 100 or more man yearsof employment in the regular work force, and of an individualstation or branch where the station or branch has 100 or moreman years of employment in the regular work force, providedthat the Union represents employees at the main facility orstation or branch and provided that the Union representative isdomiciled at the main facility or station or branch to beinspected. If the Union representative to the local Safety andHealth Committee is not domiciled at the main facility orstation or branch to be inspected and if the Union representsemployees at the main facility or station or branch, at theUnion’s option, a representative from the Committee mayparticipate on the inspection (at no additional cost for theEmployer) or the Union may designate a representativedomiciled at the main facility or station or branch to beinspected to participate on the inspection. In no case shallthere be more than one (1) Union representative on suchinspections.84

Article 14.8.D.1The Union representative from the local Safety and HealthCommittee may participate on the annual inspection of eachinstallation with less than 100 man years of employment in theregular work force, where such Committee exists in theinstallation being inspected. In those installations that do nothave a Safety and Health Committee, the inspector shall affordthe opportunity for an APWU bargaining unit employee fromthat installation to accompany him/her during theseinspections.B. An appointed member of a local committee will receivean orientation by the Employer which will include:1. Responsibilities of the Committee and its members.2. Basic elements of the Safety and Health Program.3. Identification of hazards and unsafe practices.4. Explanation of reports and statistics reviewed andanalyzed by the Committee.C. Where an investigation board is appointed by a Vice-President, Area Operations or a District Manager, CustomerServices to investigate a fatal or serious industrial non-criminalaccident and/or injury, the Union at the installation will beadvised promptly. When requested by the Union, arepresentative from the local Safety and Health Committee willbe permitted to accompany the board in its investigation.D. In installations where employees represented by theUnion accept, handle and/or transport hazardous materials,the Employer will establish a program of promoting safetyawareness through communications and/or training, asappropriate. Elements of such a program would include, butnot be limited to:1. Informational postings, pamphlets or articles inPostal and Area Bulletins.85

Article 14.8.D.22. Distribution of Publication 52 to employees whoseduties require acceptance of and handlinghazardous or perishable items.3. On-the-job training of employees whose dutiesrequire the handling and/or transportation ofhazardous or perishable items. This training willinclude, but is not limited to, hazard identification;proper handling of hazardous materials; personalprotective equipment availability and its use;cleanup and disposal requirements for hazardousmaterials.4. All mailbags containing any hazardous materials, asdefined in Publication 52, will be appropriatelyidentified so that the employee handling the mail isaware that the mailbag contains one or morehazardous material packages.5. Personal protective equipment will be madeavailable to employees who are exposed to spillsand breakage of hazardous materials.Section 9. Field Federal Safety and Health CouncilsIn those cities where Field Federal Safety and Health Councilsexist, one representative of the Union who is on the LocalSafety and Health Committee in an independent postalinstallation in that city and who serves as a member of suchCouncils, will be permitted to attend the meetings. Suchemployee will be excused from regularly assigned dutieswithout loss of pay. Employer authorized payment as outlinedabove will be granted at the applicable straight time rate,provided the time spent in such meetings is a part of theemployee’s regular work day.(See Memos, pages 346 and 347)(The preceding Article, Article 14, shall apply to PSEs)86

Article 15.2.Step 1.(b)ARTICLE 15GRIEVANCE-ARBITRATION PROCEDURESection 1. DefinitionA grievance is defined as a dispute, difference, disagreementor complaint between the parties related to wages, hours, andconditions of employment. A grievance shall include, but is notlimited to, the complaint of an employee or of the Union whichinvolves the interpretation, application of, or compliance withthe provisions of this Agreement or any local Memorandum ofUnderstanding not in conflict with this Agreement.Section 2. Grievance Procedure StepsStep 1:(a) Any employee who feels aggrieved must discuss thegrievance with the employee’s immediate supervisor withinfourteen (14) days of the date on which the employee or theUnion first learned or may reasonably have been expected tohave learned of its cause. The employee, if he or she sodesires, may be accompanied and represented by theemployee’s steward or a Union representative. The Union alsomay initiate a grievance at Step 1 within 14 days of the date theUnion first became aware of (or reasonably should havebecome aware of) the facts giving rise to the grievance. In suchcase the participation of an individual grievant is not required.A Step 1 Union grievance may involve a complaint affectingmore than one employee in the office. When the Union files aclass action grievance, Management will designate theappropriate employer representative responsible for handlingsuch complaint.(b) In any such discussion the supervisor shall haveauthority to settle the grievance. The steward or other Unionrepresentative likewise shall have authority to settle or87

Article 15.2.Step 1.(c)withdraw the grievance in whole or in part. No resolutionreached as a result of such discussion shall be a precedent forany purpose.(c) If no resolution is reached as a result of such discussion,the supervisor shall render a decision orally stating the reasonsfor the decision. The supervisor’s decision should be statedduring the discussion, if possible, but in no event shall it begiven to the Union representative (or the grievant, if no Unionrepresentative was requested) later than five (5) days thereafterunless the parties agree to extend the five (5) day period.Within five (5) days after the supervisor’s decision, thesupervisor shall, at the request of the Union representative,initial the standard grievance form that is used at Step 2confirming the date upon which the decision was rendered.(d) The Union shall be entitled to appeal an adversedecision to Step 2 of the grievance procedure within ten (10)days after receipt of the supervisor’s decision. Such appealshall be made by completing a standard grievance formdeveloped by agreement of the parties, which shall includeappropriate space for at least the following:Step 2:1. Detailed statement of facts;2. Contentions of the grievant;3. Particular contractual provisions involved; and4. Remedy sought.(a) The standard grievance form appealing to Step 2 shallbe filed with the installation head or designee. In any associatepost office of twenty (20) or less employees, the Employer shalldesignate an official outside of the installation as the Step 2official, and shall so notify the Union Step 1 representative.88

89Article 15.2.Step 2.(e)(b) Any grievance initiated at Step 2, pursuant to Article 2 or14 of this Agreement must be filed within 14 days of the dateon which the Union or the employee first learned or mayreasonably have been expected to have learned of its cause.(c) The installation head or designee will meet with thesteward or a Union representative as expeditiously as possible,but no later than seven (7) days following receipt of the Step 2appeal unless the parties agree upon a later date. In allgrievances appealed from Step 1 or filed at Step 2, the grievantshall be represented in Step 2 for all purposes by a steward ora Union representative who shall have authority to settle orwithdraw the grievance as a result of discussions orcompromise in this Step. The installation head or designee inStep 2 also shall have authority to grant or settle the grievancein whole or in part.(d) At the meeting the Union representative shall make a fulland detailed statement of facts relied upon, contractualprovisions involved, and remedy sought. The Unionrepresentative may also furnish written statements fromwitnesses or other individuals. The Employer representativeshall also make a full and detailed statement of facts andcontractual provisions relied upon. The parties’ representativesshall cooperate fully in the effort to develop all necessary facts,including the exchange of copies of all relevant papers ordocuments in accordance with Article 31. The parties’representatives may mutually agree to jointly interviewwitnesses where desirable to assure full development of allfacts and contentions. In addition, in cases involving dischargeeither party shall have the right to present no more than twowitnesses. Such right shall not preclude the parties from jointlyagreeing to interview additional witnesses as provided above.(e) Any settlement or withdrawal of a grievance in Step 2shall be in writing or shall be noted on the standard grievanceform, but shall not be a precedent for any purpose, unless the

Article 15.2.Step 2.(f)parties specifically so agree or develop an agreement todispose of future similar or related problems.(f) Where agreement is not reached the Employer’sdecision shall be furnished to the Union representative inwriting, within ten (10) days after the Step 2 meeting unless theparties agree to extend the ten (10) day period. The decisionshall include a full statement of the Employer’s understandingof (1) all relevant facts, (2) the contractual provisions involved,and (3) the detailed reasons for denial of the grievance.(g) If the Union representative believes that the facts orcontentions set forth in the decision are incomplete orinaccurate, such representative should, within ten (10) days ofreceipt of the Step 2 decision, transmit to the Employer’srepresentative a written statement setting forth corrections oradditions deemed necessary by the Union. Any such statementmust be included in the file as part of the grievance record inthe case. The filing of such corrections or additions shall notaffect the time limits for appeal to Step 3 or arbitration.(h) The Union may appeal an adverse Step 2 decision toStep 3. Any such appeal must be made within fifteen (15) daysafter receipt of the Employer’s decision unless the parties’representatives agree to extend the time for appeal. However,the Union may appeal an adverse Step 2 decision directly toarbitration for disciplinary grievances or contract grievanceswhich involve the interpretation, application of, or compliancewith the provisions of any local Memorandum ofUnderstanding not in conflict with this Agreement, and thoseissues the parties have agreed are appealed to ExpeditedArbitration. These grievances will be appealed to theappropriate Grievance/Arbitration Processing Center withinthirty (30) days after the receipt of the Employer’s Step 2decision. Any appeal must include copies of (1) the standardgrievance form, (2) the Employer’s written Step 2 decision,and, if filed, (3) the Union corrections or additions to the Step 2decision.90

Article 15.2.Step 3.(c)Step 3:(a) Any appeal from an adverse decision in Step 2 shall bein writing to the appropriate management official at theGrievance/Arbitration Processing Center, with a copy to theEmployer’s Step 2 representative, and shall specify thereasons for the appeal.(b) The grievant shall be represented at the Employer’sStep 3 Level by a Union’s Regional representative, ordesignee. The Step 3 meeting of the parties’ representatives todiscuss the grievance shall be held within fifteen (15) days afterit has been appealed to Step 3. Each party’s Step 3representative shall be responsible for making certain that allrelevant facts and contentions have been developed andconsidered. The Union representative shall have authority tosettle or withdraw the grievance in whole or in part. TheEmployer’s representative likewise shall have authority to grantthe grievance in whole or in part. Where either party believesthe facts and contentions were not adequately addressedor documented at Step 2, the party’s representatives shallclearly identify those additional facts and/or contentionsfor consideration and provide any additional relevantdocumentation to facilitate discussion and possibleresolution at Step 3. In addition, where the parties’representatives mutually agree that relevant facts orcontentions were not adequately developed at Step 2, theymay jointly remand the grievance to Step 2 level for fulldevelopment of the facts and further consideration. In suchevent, the parties’ representatives at Step 2 shall meet withinseven (7) days after the grievance is returned to Step 2.Thereafter, the time limits and procedures applicable to Step 2grievances shall apply.(c) The Employer’s written Step 3 decision on the grievanceshall be provided to the Union’s Step 3 representative withinfifteen (15) days after the parties have met in Step 3, unless the91

Article 15.2.Step 3.(d)parties agree to extend the fifteen (15) day period. Suchdecision shall state the reasons for the decision in detail andshall include a statement of any additional facts andcontentions not previously set forth in the record of thegrievance as appealed from Step 2. If the Unionrepresentative believes that the facts or contentions setforth in the decision are incomplete or inaccurate, suchrepresentative must, within ten (10) days of receipt of theStep 3 decision, transmit to the Employer’s representativea written statement setting forth corrections or additionsdeemed necessary by the Union. Any such statement mustbe included in the file as part of the grievance record in thecase. The filing of such corrections or additions shall notaffect the time limits for appeal to arbitration. The partiesreserve the right to supplement the grievance file withcorrespondence up to and including arbitration. If eitherparty’s Step 3 representative believes that an interpretive issueunder the National Agreement or some supplement theretowhich may be of general application is involved in the case, theissue will be discussed with the appropriate National Union/Management Representatives at the Headquarters Level. Ifeither party’s National Representative determines the issue tobe interpretive, a written notice will be sent to the other partyspecifying in detail the facts giving rise to the dispute, theprecise interpretive issues to be decided and the initiatingparty’s contention. The grievance(s) shall be held at the Areaand/or District Level pending discussion at the national level orthe outcome of a National Arbitration award.(d) The Union may appeal an adverse decision directly toarbitration at the appropriate Grievance/Arbitration ProcessingCenter within twenty-one (21) days after the receipt of theEmployer’s Step 3 decision in accordance with the procedurehereinafter set forth.(e) Where grievances appealed to Step 3 involve the same,or substantially similar issues or facts, one such grievance to92

93Article 15.2.Step 3.(f)be selected by the Union representative shall be designatedthe “representative” grievance. If not resolved at Step 3, the“representative” grievance may be appealed to arbitration inaccordance with the above and placed at the head of theappropriate arbitration docket, or the issue will be referred tothe parties’ national representatives at the Headquarters levelpursuant to (c) above. All other grievances which have beenmutually agreed to as involving the same, or substantiallysimilar issues or facts as those involved in the “representative”grievance shall be held at Step 3 pending resolution of the“representative” grievance, provided they were timely filed atStep 1 and properly appealed to Steps 2 and 3 in accordancewith the grievance procedure.Following resolution of the “representative” grievance, theparties involved in that grievance shall meet at Step 3 to applythe resolution to the other pending grievances involving thesame or substantially similar issues or facts. Disputes over theapplicability of the resolution of the “representative” grievanceshall be resolved through the grievance-arbitration procedurescontained in this Article; in the event it is decided that theresolution of the “representative” grievance is not applicable toa particular grievance, the merits of that grievance shall also beconsidered.(f) In order to discourage the filing of multiple localgrievances involving any new or changed District or Area-widepolicy, instructions, or guidelines, the APWU RegionalCoordinator or National Business Agent may file one grievanceconcerning such policy, instructions, or guidelines, directly atStep 3 of the grievance procedure. The grievance may be filedwithin fourteen (14) days of the date on which such unionrepresentative first learned or may reasonably have beenexpected to have learned of the implementation of such policy,instructions, or guidelines. Timely local grievances, which hadalready been filed concerning such policy, instructions, orguidelines, will be held at or returned to Step 2 of the grievance

Article 15.2.Step 4procedure, as applicable, pending the resolution of thegrievance filed directly at Step 3. Thereafter, local grievanceswill be finally adjudicated in accordance with the resolution ofthe grievance filed directly at Step 3. If not resolved, thegrievance filed directly at Step 3 may be appealed toarbitration within twenty-one (21) days and placed at the headof the appropriate arbitration docket.Step 4:(a) In any dispute properly initiated at this Step by theappropriate National Union/Management Representative, theparties shall meet at the National level promptly, but in noevent later than thirty (30) days after initiating such dispute inan effort to define the precise issues involved, develop allnecessary facts and reach agreement. The Unionrepresentative shall have authority to settle or withdraw thedispute in whole or in part. The Employer’s representative shallhave authority to grant or settle the dispute in whole or in part.The parties’ Step 4 representatives may, by mutual agreement,return any dispute to Step 3 where (a) the parties agree that nonational interpretive issue is fairly presented or (b) it appearsthat all relevant facts have not been developed adequately. Insuch event, the parties shall meet at Step 3 within fifteen (15)days after the dispute is returned to Step 3. Thereafter theprocedures and time limits applicable to Step 3 grievancesshall apply. Should the parties at the National level fail to reachagreement, then within fifteen (15) days of such meeting eachparty shall provide the other with a statement in writing of itsunderstanding of the issues involved, and the facts giving riseto the interpretive dispute. In the event the parties have failedto reach agreement within sixty (60) days of the initiation of thedispute, the Union then may appeal it to national arbitrationwithin thirty (30) days thereafter. Any local grievances filed onthe specific interpretive issue shall be held in abeyance at theappropriate level pending resolution of the national interpretivedispute.94

Article 15.3.DSection 3. MediationWhere the local parties identify the need for either assistance inthe grievance/arbitration procedure or the need to improve thelabor/management relationship, the following mediationprocess may be invoked:A. The local installation head and the local Union president(local parties) may jointly initiate a request for mediation wherethey identify such a need in a particular installation. Such jointrequest must be in writing and submitted to the parties’designated Area/Regional level representatives.B. Such Area/Regional level representatives may alsorecommend mediation for a particular installation. However,when a recommendation for mediation is made by the Area/Regional level representatives, such recommendation must bediscussed with and agreed to by the local parties before themediation process can be invoked at the local site.C. The mediation will be conducted jointly by the Unionofficial designated by the President of the Union andmanagement official designated by the Vice President/LaborRelations (USPS). The designated officials will have beentrained, and/or certified in the dispute resolution process. Suchdesignated union/management mediation representatives willbe utilized to assist the local parties in an effort to resolvetimely grievances, as defined in Article 15, Sections 1 and 2, aswell as any identified local issues or problems.D. The designated union/management mediationrepresentatives will meet at the local installation within thirty(30) days of the joint mediation request, which is described inSection 3.A or B above. At least seven (7) days prior to the onsitemeeting, the local parties will jointly provide the mediationrepresentatives with an agenda and all available relevantinformation. In the event the local parties cannot agree on anagenda for mediation, each party will submit their respective95

Article 15.3.Eagendas to the mediation representatives seven (7) days priorto the on-site meeting, as well as all available relevantinformation.E. The mediation will be held with the local parties toexplore ways of resolving the previously submitted agendaitems, as well as to seek ways of improving the labor/management climate within the installation. The mediationprocess, including all meetings connected with mediation, isconsidered to be off-the-record. However, all resolutions willbe on the record, in writing and jointly signed by the localparties. Where the local parties agree, a particular mediationresolution(s) will serve as precedent for that installation,provided such resolution does not violate the NationalAgreement.If the local parties are unable to reach a resolution on pendinggrievances of those local issues for which they have jointlyrequested mediation, then the mediation representatives mayjointly resolve any of the above referenced issues orgrievances.F. The Employer’s mediation representative will provide tothe appropriate Union official a statement of position for eachgrievance(s) listed on the agenda, which is not resolvedthrough mediation, within fifteen (15) days of the finalmediation meeting. Within twenty-one (21) days of receipt ofthe statement of position, the Union may appeal suchgrievance(s) to District level arbitration.Section 4. Grievance Procedure — GeneralA. The parties expect that good faith observance, by theirrespective representatives, of the principles and proceduresset forth above will result in settlement or withdrawal ofsubstantially all grievances initiated hereunder at the lowestpossible step and recognize their obligation to achieve thatend. Every effort shall be made to ensure timely compliance96

Article 15.4.Cand payment of monetary grievance settlements andarbitration awards. The Employer agrees that upon receipt ofnecessary paperwork from the grievant and/or union,concerning a grievance settlement or arbitration award,monetary remuneration will be made. The necessarypaperwork is the documents and statements specified inSubchapter 436.4 of the ELM. The Employer will provide theunion copies of appropriate pay adjustment forms, includingconfirmation that such forms were submitted to theappropriate postal officials for compliance and that action hasbeen taken to ensure that affected employee(s) receivespayment and/or other benefits. In the event that an employee isnot paid within sixty (60) days after submission of all thenecessary paperwork, such employee, upon request, will begranted authorization from management to receive a payadvance equal to the net amount due, or seventy (70) percentof the payment owed the employee, whichever is less. In theevent of a dispute between the parties concerning the correctamount to be paid, the advance required by this section will bethe amount that is not in dispute.B. The failure of the employee or the Union in Step 1, or theUnion thereafter to meet the prescribed time limits of the Stepsof this procedure, including arbitration, shall be considered asa waiver of the grievance. However, if the Employer fails toraise the issue of timeliness at Step 2, or at the step at whichthe employee or Union failed to meet the prescribed timelimits, whichever is later, such objection to the processing ofthe grievance is waived.C. Failure by the Employer to schedule a meeting or rendera decision in any of the Steps of this procedure within the timeherein provided (including mutually agreed to extensionperiods) shall be deemed to move the grievance to the nextStep of the grievance-arbitration procedure.97

Article 15.4.DD. It is agreed that in the event of a dispute between theUnion and the Employer as to the interpretation of thisAgreement, such dispute may be initiated at the Step 4 level byeither party. Such a dispute shall be initiated in writing andmust specify in detail the facts giving rise to the dispute, theprecise interpretive issues to be decided and the contention ofeither party. Thereafter the parties shall meet in Step 4 withinthirty (30) days in an effort to define the precise issuesinvolved, develop all necessary facts, and reach agreement.Should they fail to agree, then, within fifteen (15) days of suchmeeting, each party shall provide the other with a statement inwriting of its understanding of the issues involved, and thefacts giving rise to such issues. In the event the parties havefailed to reach agreement within sixty (60) days of the initiationof the dispute in Step 4, the Union then may appeal it toarbitration, within thirty (30) days thereafter. Any localgrievances filed on the specific interpretive issue shall be heldin abeyance at the appropriate level pending resolution of thenational interpretive dispute.Section 5. ArbitrationA. General Provisions1. A request for arbitration shall be submitted withinthe specified time limit for appeal.2. No grievance may be arbitrated at the Nationallevel except when timely notice of appeal is giventhe Employer in writing by the National President ofthe Union. No grievance may be appealed toarbitration at the District panel level except whentimely notice of appeal is given in writing to theappropriate management official at the Grievance/Arbitration Processing Center by the certifiedrepresentative of the Union in the Area. Suchrepresentative shall be certified to appeal98

99Article 15.5.A.4grievances by the National President of the Unionto the Employer at the National level.3. All grievances appealed to arbitration will be placedon the appropriate pending arbitration list in theorder in which appealed. The Employer, inconsultation with the Union, will be responsible formaintaining appropriate dockets of grievances, asappealed, and for administrative functionsnecessary to assure efficient scheduling andhearing of cases by arbitrators at all levels.4. In order to avoid loss of available hearing time,except in National level cases, a minimum of six (6)expedited or three (3) regular cases, whenavailable, are to be scheduled for each hearingdate. In addition, pending cases on the docket inthe order in which appealed should be assigned tothe designated advocates no less than sixty (60)days prior to the scheduled date and, if possible,the parties will discuss the cases no less than thirty(30) days prior to the scheduled date. The partiesagree that backup cases will include all casespending arbitration at the location. These backupcases will be scheduled in the order they appear onthe District docket when available in the event oflate settlement or withdrawal of grievances beforethe hearing. In the event that either party withdrawsall cases less than five (5) days prior to thescheduled arbitration date, and the parties areunable to agree on scheduling other cases on thatdate, the party withdrawing the cases shall pay thefull costs of the arbitrator for that date. In the eventthat the parties settle and/or withdraw all cases five(5) or more days prior to the scheduled arbitrationdate, backup cases on the appropriate arbitrationlist shall be scheduled. If the parties settle cases

Article 15.5.A.5less than five (5) days prior to the scheduledarbitration date and are unable to agree toschedule another case, the parties shall share thecosts of the arbitrator for that date. This paragraphshall not apply to National level arbitration cases.5. Arbitration hearings normally will be held duringworking hours where practical. Employees whoseattendance as witnesses is required at hearingsduring their regular working hours shall be onEmployer time when appearing at the hearing,provided the time spent as a witness is part of theemployee’s regular working hours. Absent a morepermissive local past practice and at no cost to theEmployer, the Employer will permit one (1) changeof work schedule per case scheduled for arbitrationfor either the grievant or a witness, provided noticeis given to his or her immediate supervisor at leasttwo (2) days prior to the scheduled arbitrationhearing.6. All decisions of an arbitrator will be final andbinding. All decisions of arbitrators shall be limitedto the terms and provisions of this Agreement, andin no event may the terms and provisions of thisAgreement be altered, amended, or modified by anarbitrator. Unless otherwise provided in this Article,all costs, fees, and expenses charged by anarbitrator will be shared equally by the parties.7. All arbitrators on the Regular District Panels and theExpedited Panels and on the National Panel shallserve for the term of this Agreement and shallcontinue to serve for six (6) months thereafter,unless the parties otherwise mutually agree.100

Article 15.5.B.18. Arbitrators on the National Panel and on theRegular and Expedited District Panels shall beselected by the method agreed upon by the partiesat the National Level.9. In any arbitration proceeding in which a Union feelsthat its interests may be affected, it shall be entitledto intervene and participate in such arbitrationproceeding, but it shall be required to share thecost of such arbitration equally with any or all otherUnion parties to such proceeding. Any dispute asto arbitrability may be submitted to the arbitratorand be determined by such arbitrator. Thearbitrator’s determination shall be final and binding.(See Memo, page 356)B. District Level Arbitration — Regular1. At the appropriate Grievance/ArbitrationProcessing Center four (4) separate lists of cases tobe heard in arbitration shall be maintained for theUnion: (a) one for all removal cases and casesinvolving suspensions for more than 14 days or 14days or less referred from Expedited Arbitration,(b) one for all cases referred to ExpeditedArbitration, (c) one for Contract disputes, and(d) one for Impasses from Local Negotiationsappealed to arbitration at the appropriateGrievance/Arbitration Processing Center. In eachDistrict separate panels will be established forscheduling and hearing cases involving(a) removals and suspensions for more than 14days, and suspensions of 14 days or less referredfrom Expedited Arbitration; (b) Contract disputes,(c) cases referred to Expedited Arbitration, and(d) Impasses from Local Negotiations.101

Article 15.5.B.a.a. Arbitration hearings are to be scheduled andheard within 120 days following receipt of thearbitration appeal, unless the parties agreeupon a later date.2. Cases will be scheduled for arbitration in the orderin which appealed, unless the Union and Employerotherwise agree. Prior to arbitration dates beingscheduled by the parties for the next round ofscheduling, each party may, at its option, advanceone case per month to the top of the docket.3. Only discipline cases involving suspensions of 14days or less and those other disputes as may bemutually determined by the parties shall be referredto Expedited Arbitration in accordance with SectionC hereof.(See Memo, page 348)4. Cases referred to arbitration, which involveremovals or suspensions for more than 14 days,shall be scheduled for hearing at the Grievance/Arbitration Processing Center at the earliestpossible date in the order in which appealed by theUnion.5. If either party believes that a case referred toRegular Arbitration involves an interpretative issueunder the National Agreement or some supplementthereto which may be of general application, thatparty’s representative shall request input from theirappropriate National Representative at theHeadquarters level. If either party’s representativeat the Headquarters level determines the case isinterpretive, a notice will be sent to the other party.The case will be held pending the outcome of theNational interpretive dispute. If both parties’102

Article 15.5.B.a.representatives determine the case does notinvolve an interpretive issue, the case if alreadyscheduled for arbitration will be heard before thesame arbitrator who was originally scheduled tohear the case. Further, if the hearing had convened,the case will continue at the same stage ofarbitration.(See Memo, page 353)6. The arbitrators on each Regular District Panel shallbe scheduled to hear cases on a rotating systembasis, unless otherwise agreed by the parties. Thehearing time available for arbitration will bedistributed among offices and crafts.7. Normally, there will be no transcripts of arbitrationhearings or filing of post-hearing briefs in casesheard in Regular District level arbitration, excepteither party at the National level may request atranscript. Either party at the hearing may requestto file a post-hearing brief in contract arbitrations.In Regular District level discipline/dischargearbitrations, post-hearing briefs will be permittedonly by mutual agreement of the parties or bydirection of the arbitrator. However, each party mayfile a written statement setting forth itsunderstanding of the facts and issues and itsargument at the beginning of the hearing and alsoshall be given an adequate opportunity to presentargument at the conclusion of the hearing.8. The arbitrator in any given case should render anaward therein within thirty (30) days of the close ofthe record in the case.103

Article 15.5.CC. District Level Arbitration — Expedited1. The parties agree to continue the utilization of anexpedited arbitration system for disciplinary casesof 14 days suspension or less which do not involveinterpretation of the Agreement and for such othercases as the parties may mutually determine.(See Memo, page 348)2. If either party concludes that the issues involvedare of such complexity or significance as to warrantreference to the Regular District Arbitration Panel,that party shall notify the other party of suchreference at least twenty-four (24) hours prior to thescheduled time for the expedited arbitration.3. The hearing shall be conducted in accordance withthe following:a. the hearing shall be informal;b. no briefs shall be filed or transcripts made;c. there shall be no formal rules of evidence;d. the hearing shall normally be completed withinone day;e. if the arbitrator or the parties mutuallyconclude at the hearing that the issuesinvolved are of such complexity orsignificance as to warrant reference to theRegular District Arbitration Panel, the caseshall be referred to that panel; andf. the arbitrator may issue a bench decision atthe hearing but in any event shall render adecision within forty-eight (48) hours afterconclusion of the hearing. Such decision shall104

105Article 15.5.D.3be based on the record before the arbitratorand may include a brief written explanation ofthe basis for such conclusion. These decisionswill not be cited as a precedent. Thearbitrator’s decision shall be final and binding.An arbitrator who issues a bench decisionshall furnish a written copy of the award to theparties within forty-eight (48) hours of theclose of the hearing.4. No decision by a member of the Expedited Panel insuch a case shall be regarded as a precedent or becited in any future proceeding, but otherwise will bea final and binding decision.5. The Expedited Arbitration Panel shall be developedby the National parties, on a District level.D. National Level Arbitration1. Only cases involving interpretive issues under thisAgreement or supplements thereto of generalapplication will be arbitrated at the National level.2. A docket of cases appealed to arbitration at theNational level shall be maintained for the Union.The arbitrators on the National Panel shall bescheduled to hear cases on a rotating systembasis, unless otherwise agreed by the parties.Cases on the docket will be scheduled forarbitration in the order in which appealed, unlessthe Union and Employer otherwise agree.3. Either party may, at its discretion, advance twocases per craft per calendar year of the casesappealed to arbitration to the head of thearbitration docket. The parties may jointly agreeto move additional cases to the top of thedocket.

Article 15.5.D.44. Issues and arguments raised for the first timeduring national arbitration must be re-discussedat Step 4 to explore the new issue, argument, orevidence. The cases re-discussed will remainwith the same arbitrator.Section 6. AdministrationThe parties recognize their continuing joint responsibility forefficient functioning of the grievance procedure and effectiveuse of arbitration. Commencing April 1, 1979, and quarterlythereafter, the Employer will furnish to the President of theUnion a copy of a quarterly report containing the followinginformation covering operation of the arbitration procedure atthe National level, and for each Grievance/ArbitrationProcessing Center separately:(a)(b)(c)number of cases appealed to arbitration;number of cases scheduled for hearing;number of cases heard;(d) number of scheduled hearing dates, if any, which werenot used;(e) the total number of cases pending but not scheduled atthe end of the quarter.Section 7. Outstanding Debts of Retired EmployeesA dispute over payroll or collection disputes may be filedas a grievance at Step 1; Article 15, Section 1.(See Memo, page 349)(The preceding Article, Article 15, shall apply to PSEs)106

Article 16.2Section 1. PrinciplesARTICLE 16DISCIPLINE PROCEDUREIn the administration of this Article, a basic principle shall bethat discipline should be corrective in nature, rather thanpunitive. No employee may be disciplined or dischargedexcept for just cause such as, but not limited to,insubordination, pilferage, intoxication (drugs or alcohol),incompetence, failure to perform work as requested, violationof the terms of this Agreement, or failure to observe safetyrules and regulations. Any such discipline or discharge shall besubject to the grievance-arbitration procedure provided for inthis Agreement, which could result in reinstatement andrestitution, including back pay.Section 2. DiscussionFor minor offenses by an employee, management has aresponsibility to discuss such matters with the employee.Discussions of this type shall be held in private between theemployee and the supervisor. Such discussions are notconsidered discipline and are not grievable. Following suchdiscussions, there is no prohibition against the supervisor and/or the employee making a personal notation of the date andsubject matter for their own personal record(s). However, nonotation or other information pertaining to such discussionshall be included in the employee’s personnel folder. Whilesuch discussions may not be cited as an element of prioradverse record in any subsequent disciplinary action againstan employee, they may be, where relevant and timely, reliedupon to establish that employees have been made aware oftheir obligations and responsibilities.107

Article 16.3Section 3. Letter of WarningA letter of warning is a disciplinary notice in writing, identifiedas an official disciplinary letter of warning, which shall includean explanation of a deficiency or misconduct to be corrected.(See Memo, page 358)Section 4. Suspensions of 14 Days or LessIn the case of discipline involving suspensions of fourteen (14)days or less, the employee against whom disciplinary action issought to be initiated shall be served with a written notice ofthe charges against the employee and shall be further informedthat he/she will be suspended after ten (10) calendar daysduring which ten-day period the employee shall remain on thejob or on the clock (in pay status) at the option of the Employer.However, if a timely grievance is initiated, the effective date ofthe suspension will be delayed until disposition of thegrievance, either by settlement or an arbitrator’s final andbinding decision. The employee shall remain on the job or onthe clock (in pay status) at the option of the Employer.Section 5. Suspensions of More Than 14 Days orDischargeIn the case of suspensions of more than fourteen (14) days, orof discharge, any employee shall, unless otherwise providedherein, be entitled to an advance written notice of the chargesagainst him/her and shall remain either on the job or on theclock at the option of the Employer for a period of thirty (30)days. Thereafter, the employee shall remain on the rolls (nonpaystatus) until disposition of the case has been had either bysettlement with the Union or through exhaustion of thegrievance-arbitration procedure. A preference eligible whochooses to appeal a suspension of more than fourteen (14)days or his/her discharge to the Merit Systems ProtectionBoard (MSPB) rather than through the grievance-arbitration108

Article 16.6.Cprocedure shall remain on the rolls (non-pay status) untildisposition of the case has been had either by settlement orthrough exhaustion of his/her MSPB appeal. When there isreasonable cause to believe an employee is guilty of a crime forwhich a sentence of imprisonment can be imposed, theEmployer is not required to give the employee the full thirty (30)days advance written notice in a discharge action, but shallgive such lesser number of days advance written notice asunder the circumstances is reasonable and can be justified.The employee is immediately removed from a pay status at theend of the notice period.Section 6. Indefinite Suspension Crime SituationA. The Employer may indefinitely suspend an employee inthose cases where the Employer has reasonable cause tobelieve an employee is guilty of a crime for which a sentence ofimprisonment can be imposed. In such cases, the Employer isnot required to give the employee the full thirty (30) daysadvance notice of indefinite suspension, but shall give suchlesser number of days of advance written notice as under thecircumstances is reasonable and can be justified. Theemployee is immediately removed from a pay status at the endof the notice period.B. The just cause of an indefinite suspension is grievable.The arbitrator shall have the authority to reinstate and make theemployee whole for the entire period of the indefinitesuspension.C. If after further investigation or after resolution of thecriminal charges against the employee, the Employerdetermines to return the employee to a pay status, theemployee shall be entitled to back pay for the period that theindefinite suspension exceeded seventy (70) days, if theemployee was otherwise available for duty, and withoutprejudice to any grievance filed under B. above.109

Article 16.6.DD. The Employer may take action to discharge anemployee during the period of an indefinite suspensionwhether or not the criminal charges have been resolved, andwhether or not such charges have been resolved in favor of theemployee. Such action must be for just cause, and is subjectto the requirements of Section 5 of this Article.Section 7. Emergency ProcedureAn employee may be immediately placed on an off-duty status(without pay) by the Employer, but remain on the rolls wherethe allegation involves intoxication (use of drugs or alcohol),pilferage, or failure to observe safety rules and regulations, orin cases where retaining the employee on duty may result indamage to U.S. Postal Service property, loss of mail or funds,or where the employee may be injurious to self or others. Theemployee shall remain on the rolls (non-pay status) untildisposition of the case has been had. If it is proposed tosuspend such an employee for more than thirty (30) days ordischarge the employee, the emergency action taken underthis Section may be made the subject of a separate grievance.Section 8. Review of DisciplineIn no case may a supervisor impose suspension or dischargeupon an employee unless the proposed disciplinary action bythe supervisor has first been reviewed and concurred in by theinstallation head or designee.In associate post offices of twenty (20) or less employees, orwhere there is no higher level supervisor than the supervisorwho proposes to initiate suspension or discharge, theproposed disciplinary action shall first be reviewed andconcurred in by a higher authority outside such installation orpost office before any proposed disciplinary action is taken.110

Article 16.9.BSection 9. Veterans’ PreferenceA. A preference eligible is not hereunder deprived ofwhatever rights of appeal such employee may have under theVeterans’ Preference Act; however, if the employee appealsunder the Veterans’ Preference Act, the employee will bedeemed to have waived further access to the grievancearbitrationprocedure beyond step 3 under any of the followingcircumstances:1. If an MSPB settlement agreement is reached.2. If the MSPB has not yet issued a decision on themerits, but a hearing on the merits before theMSPB has begun.3. If the MSPB issues a decision on the merits of theappeal.B. In the event the grievance of a preference eligible is dueto be scheduled in accordance with Article 15, section 5, andthe preference eligible has a live MSPB appeal on the sameaction, the parties will not schedule the grievance forarbitration until a final determination is reached in the MSPBprocedure. If the grievance is not waived under Section 9.A 1,2 or 3 above, the case will be scheduled promptly forarbitration. Should the grievance ultimately be sustained ormodified in arbitration, the preference eligible employee willhave no entitlement to back pay under the National Agreementfor the period from the date the case would have beenscheduled for arbitration and the date it is actually scheduledfor arbitration.111

Article 16.10Section 10. Employee Discipline RecordsThe records of a disciplinary action against an employee shallnot be considered in any subsequent disciplinary action if therehas been no disciplinary action initiated against the employeefor a period of two years.Upon the employee’s written request, any disciplinary notice ordecision letter will be removed from the employee’s officialpersonnel folder after two years if there has been nodisciplinary action initiated against the employee in that twoyearperiod.(Additional provisions regarding the discipline or removal ofPostal Support Employees can be found in the APWU PostalSupport Employee Memorandum)Section 1. StewardsARTICLE 17REPRESENTATIONStewards may be designated for the purpose of investigating,presenting and adjusting grievances.Section 2. Appointment of StewardsA. The Union will certify to the Employer in writing asteward or stewards and alternates in accordance with thefollowing general guidelines. Where more than one steward isappointed, one shall be designated chief steward. Theselection and appointment of stewards or chief stewards is thesole and exclusive function of the Union. Stewards will becertified to represent employees in specific work location(s) ontheir tour; provided no more than one steward may be certifiedto represent employees in a particular work location(s). Thenumber of stewards certified shall not exceed, but may be lessthan, the number provided by the formula hereinafter set forth.112

Article 17.2.EEmployees in the same craft per tour or stationUp to 491 steward50 to 99 2 stewards100 to 199 3 stewards200 to 499 5 stewards500 or more 5 stewards plus additional steward foreach 100 employeesB. At an installation, the Union may designate in writing tothe Employer one Union officer actively employed at thatinstallation to act as a steward to investigate, present andadjust a specific grievance or to investigate a specific problemto determine whether to file a grievance. The activities of suchUnion officer shall be in lieu of a steward designated under theformula in Section 2.A and shall be in accordance withSection 3. Payment, when applicable, shall be in accordancewith Section 4.C. To provide steward service to installations with twentyor less craft employees where the Union has not certified asteward, a Union representative certified to the Employer inwriting and compensated by the Union may perform the dutiesof a steward.D. At the option of the Union, representatives not on theEmployer’s payroll shall be entitled to perform the functions ofa steward or chief steward, provided such representatives arecertified in writing to the Employer at the Area level andproviding such representatives act in lieu of stewardsdesignated under the provisions of 2.A or 2.B above.E. A steward may be designated to represent more thanone craft, or to act as a steward in a craft other than his/herown, whenever the Union so agrees, and notifies the Employer113

Article 17.3in writing. Any steward designations across craft lines must bein accordance with the formula set forth in Section 2.A above.(The preceding Section, Article 17.2, shall apply to PSEs)Section 3. Rights of StewardsWhen it is necessary for a steward to leave his/her work area toinvestigate and adjust grievances or to investigate a specificproblem to determine whether to file a grievance, the stewardshall request permission from the immediate supervisor andsuch request shall not be unreasonably denied.In the event the duties require the steward leave the work areaand enter another area within the installation or post office, thesteward must also receive permission from the supervisor fromthe other area he/she wishes to enter and such request shallnot be unreasonably denied.(See Memo, page 368)The steward, chief steward or other Union representativeproperly certified in accordance with Section 2 above mayrequest and shall obtain access through the appropriatesupervisor to review the documents, files and other recordsnecessary for processing a grievance or determining if agrievance exists and shall have the right to interview theaggrieved employee(s), supervisors and witnesses duringworking hours. Such requests shall not be unreasonablydenied.While serving as a steward or chief steward, an employee maynot be involuntarily transferred to another tour, to anotherstation or branch of the particular post office or to anotherindependent post office or installation unless there is no job forwhich the employee is qualified on such tour, or in such stationor branch, or post office.114

Article 17.4If an employee requests a steward or Union representative tobe present during the course of an interrogation by theInspection Service, such request will be granted. All polygraphtests will continue to be on a voluntary basis.(See Memos, pages 350 and 368)(The preceding Section, Article 17.3, shall apply to PSEs)Section 4. Payment of StewardsThe Employer will authorize payment only under the followingconditions:Grievances:Steps 1 and 2 The aggrieved and one Union steward —(only as permitted under the formula inSection 2.A) for time actually spent ingrievance handling, including investigationand meetings with the Employer. TheEmployer will also compensate a steward forthe time reasonably necessary to write agrievance. In addition, the Employer willcompensate any witnesses for the timerequired to attend a Step 2 meeting.Meetings called by the Employer for information exchange andother conditions designated by the Employer concerningcontract application.Employer authorized payment as outlined above will begranted at the applicable straight time rate, providing the timespent is a part of the employee’s or steward’s (only asprovided for under the formula in Section 2.A) regular workday.(The preceding Section, Article 17.4 shall apply to PSEs)115

Article 17.5Section 5. Joint Labor-Management Committee MeetingsA. The APWU through its designated agents shall beentitled at the national, APWU regional/USPS Area, and locallevels, and at such other intermediate levels as may beappropriate, to participate in regularly scheduled Joint LaborManagement Committee meetings for the purpose ofdiscussing, exploring, and considering with managementmatters of mutual concern; provided neither party shall attemptto change, add to or vary the terms of this CollectiveBargaining Agreement. The local Joint Labor-ManagementCommittee will meet as needed, but not less than once everyquarter unless otherwise provided in the parties’ localmemorandum of understanding.B. The national level Joint Labor-Management Committeewill be co-chaired by the President of the APWU and the PostalService Vice-President of Labor Relations and be comprised ofan equal number of representatives for each party as agreedby the parties. This Committee will meet as needed, but no lessthan once every two months to fulfill the purposes and goalsdescribed below.The purposes and goals of the national level Joint Labor-Management Committee will be to:1. Promote more effective, open and continuousinvolvement between the parties to further enhancea positive working relationship and advance labormanagementcooperation between the parties;2. Jointly pursue strategies which emphasizeimproving employee working conditions andsatisfying the customer in terms of service andcosts;116

Article 17.5.D3. Work together to seek ways of improving customerservice, increasing revenue, and reducing postalcosts; and,4. Provide an opportunity to jointly discuss newPostal Service initiatives during their development,inasmuch as those initiatives might impact onemployees or as they might relate to employeeworking conditions. These discussions mayinclude, but are not limited to, the creation of newposition descriptions; modifications to facilities;technological and mechanization changes;automation implementation; and the developmentof new facilities and designs.C. As needed, the national level Joint Labor-ManagementCommittee, through mutual agreement, will createsubcommittees to deal with specific issues. All other nationallevel committees established pursuant to the terms of thisAgreement, including Safety & Health, Ergonomics andTraining, shall function as subcommittees of the national levelJoint Labor-Management Committee. All subcommitteesalready established or created by the national level JointLabor-Management Committee will report to such Committee,as necessary, on their specific issues of concern and provideupdated information.D. In order to further recognize and effect Union/Management cooperation, there will be four national level craftsubcommittees created, one for each APWU craft, for thepurpose of jointly addressing specific issues of contractadministration for each such craft. These subcommittees willbe co-chaired by the APWU Craft Directors of each craft andthe Postal Service Manager of Contract Administration or his/her designee. At the Union’s request, the appropriateoperational manager will attend meetings to address theUnion’s concerns or respond to questions on specific117

Article 17.5.Eoperational issues. Neither party shall attempt to change, addor vary the terms of this collective bargaining agreementthrough these subcommittees.E. Meetings at the national and APWU/regional USPS Area(except as to the Christmas operation) levels will not becompensated by the Employer. The Employer will compensateone designated representative from the Union concerned withthe subject matter of the meeting for actual time spent in themeeting at the applicable straight time rate, providing the timespent in such meetings is a part of the employee’s regularscheduled work day.(See Memo, page 358)Section 6. Union Participation in New EmployeeOrientationDuring the course of any employment orientation program fornew career or non-career employees, or in the event acurrent postal employee is reassigned to an APWUbargaining unit, a representative of the Union representing thecraft or occupational group to which the new or currentemployees are assigned shall be provided ample opportunityto address such new employees, provided that this provisiondoes not preclude the Employer from addressing employeesconcerning the same subject. In addition, at the time anynon-career employees become eligible for healthinsurance, the APWU will be provided ample opportunity toaddress such employees on this subject.Health benefit enrollment information and forms will not beprovided during orientation until such time as a representativeof the Union has had an opportunity to address such newemployees.(The preceding Section, Article 17.6, shall apply to PSEs)118

Article 17.7.DSection 7. Dues CheckoffA. In conformity with Section 2 of the Act, 39 U.S.C. 1205,without cost to the Union, the Employer shall deduct and remitto the Union the regular and periodic Union dues from the payof employees as instructed in writing by the Union and theemployee, which written assignment by the employee shall beirrevocable for a period of not more than one (1) year. Theparties agree that the Union will have sole responsibility for andcontrol over dues withholding and revocation. The Union mustprovide the Postal Service with withholding and revocationinformation in a format and within time periods acceptable tothe Postal Service. The Employer agrees to remit to the Unionall deductions to which it is entitled fourteen (14) days after theend of the pay period for which such deductions are made.Deductions shall be in such amounts as are designated to theEmployer in writing by the Union.B. The authorization of such deductions shall be made inaccordance with the terms of Standard Form 1187. Revocationof authorization shall be made in accordance with the terms ofStandard Form 1186.C. Notwithstanding the foregoing, employees’ duesdeduction authorizations (Standard Form 1187) which arepresently on file with the Employer on behalf of the Union partyto this Agreement, shall continue to be honored and given fullforce and effect by the Employer unless and until revoked inaccordance with their terms.D. The Union shall defend, indemnify, save and hold thePostal Service harmless from any and all claims, responsibility,damage, suit, demand, grievance or other liability (includingattorney’s fees incurred by the Postal Service), which may ariseout of any actions taken by the Postal Service required by theterms of this Article or in reliance upon instructions provided by119

Article 17.7.Ethe Union in connection with the Union’s operation and controlover said dues withholding and revocation.E. The Employer agrees that it will continue in effect, butwithout cost to employees, its existing program of payrolldeductions at the request and on behalf of employees forremittance to financial institutions including credit unions. Inaddition the Employer agrees without cost to the employee tomake payroll deductions on behalf of such organization as theUnion shall designate to receive funds to provide groupautomobile insurance for employees and/or homeowners/tenant liability insurance for employees, provided only oneinsurance carrier is selected to provide such coverage.(The preceding Section, Article 17.7, shall apply to PSEs)Section 8. Policy on TelephonesThe parties recognize that telephones are for official USPSbusiness. However, the Employer at the local level shallestablish a policy for the use of telephones by designatedUnion representatives for legitimate business related to theadministration of the National Agreement, subject to soundbusiness judgment and practices.Section 9. Inspection of LockersExcept as provided in Article 39.3.C, the Employer agrees that,a steward or the employee shall be given the opportunity to bepresent at any inspection of employees’ lockers, except inmatters where there is reasonable cause to suspect criminalactivity. For a general inspection where employees have hadprior notification of at least a week, the above is not applicable.120

Article 18.4ARTICLE 18NO STRIKESection 1. Statement of PrincipleThe Union in behalf of its members agree that it will not call orsanction a strike or slowdown.Section 2. Union ActionsThe Union or its local Unions (whether called locals or by othernames) will take reasonable action to avoid such activity andwhere such activity occurs, immediately inform strikingemployees they are in violation of this Agreement and ordersaid employees back to work.Section 3. Union LiabilityIt is agreed that the Union or its local Unions (whether calledlocals or by other names) which comply with the requirementsof this Article shall not be liable for the unauthorized action oftheir members or other postal employees.Section 4. Legal ImpactThe parties agree that the provisions of this Article shall not beused in any way to defeat any current or future legal actioninvolving the constitutionality of existing or future legislationprohibiting Federal employees from engaging in strike actions.The parties further agree that the obligations undertaken in thisArticle are in no way contingent upon the final determination ofsuch constitutional issues.(The preceding Article, Article 18, shall apply to PSEs)121

Article 19Section 1. GeneralARTICLE 19HANDBOOKS AND MANUALSThose parts of all handbooks, manuals and publishedregulations of the Postal Service, that directly relate to wages,hours or working conditions, as they apply to employeescovered by this Agreement, shall contain nothing that conflictswith this Agreement, and shall be continued in effect exceptthat the Employer shall have the right to make changes that arenot inconsistent with this Agreement and that are fair,reasonable, and equitable. This includes, but is not limited to,the Postal Service Manual and the F-21, Timekeeper’sInstructions.Notice of such proposed changes that directly relate to wages,hours, or working conditions will be furnished to the Union atthe national level at least sixty (60) days prior to issuance. TheEmployer shall furnish the Union with the following informationabout each proposed change: a narrative explanation of thepurpose and impact on employees and any documentationconcerning the proposed change from the manager(s) whorequested the change addressing its purpose and effect.Proposed changes will be furnished to the Union by hard copyor, if available, by electronic file. At the request of the Union,the parties shall meet concerning such changes. If the Unionrequests a meeting concerning proposed changes, themeeting will be attended by manager(s) who areknowledgeable about the purpose of the proposed change andits impact on employees. If the Union, after the meeting,believes the proposed changes violate the National Agreement(including this Article), it may then submit the issue toarbitration in accordance with the arbitration procedure setforth below within ninety (90) days after receipt of the notice ofproposed change. Within fifteen (15) days after the issue has122

Article 19.2.Cbeen submitted to arbitration, each party shall provide theother with a statement in writing of its understanding of theprecise issues involved, and the facts giving rise to suchissues.Copies of those parts of all new handbooks, manuals andregulations that directly relate to wages, hours or workingconditions, as they apply to employees covered by thisAgreement, shall be furnished to the Union upon issuance.Article 19 shall apply in that those parts of all handbooks,manuals and published regulations of the Postal Service,which directly relate to wages, hours or working conditionsshall apply to PSEs only to the extent consistent with otherrights and characteristics of PSEs negotiated in thisAgreement and otherwise as they apply to the supplementalwork force. The Employer shall have the right to make changesto handbooks, manuals and published regulations as theyrelate to PSEs pursuant to the same standards and proceduresfound in Article 19 of this Agreement.Section 2. Article 19 ArbitrationA. A separate arbitration panel will be appointed by theNational parties for the sole purpose of hearing Article 19appeals to arbitration.B. A docket of Article 19 cases appealed to arbitrationat the National level shall be maintained for the Union.C. The arbitrators on the National Article 19 Panel shallbe scheduled to hear cases on a rotating basis, unlessotherwise agreed to by the parties. Cases on the docketwill be scheduled and heard within 120 days of the appealto arbitration, but no later than 180 days after the unionwas notified of the proposed change(s), unless the Unionand the Employer otherwise agree.123

Article 19.2.DD. The arbitrator in any given case shall render anaward therein within thirty (30) days of the close of therecord in the case. All decisions of an arbitrator shall befinal and binding.ARTICLE 20PARKINGSection 1. National Study CommitteeThe existing parking program will remain in effect. There shallbe established at the national level, as a subcommittee of thenational Joint Labor-Management Committee, a NationalStudy Committee on Parking in order to improve the parkingprogram at existing facilities and to recommend suchprograms for new facilities.Section 2. SecurityRecognizing the need for adequate security for employees inparking areas, and while en route to and from parking areas,the Employer will take reasonable steps, based on the specificneeds of the individual location, to safeguard employeesecurity, including, but not limited to, establishing liaison withlocal police authorities, requesting the assignment of additionaluniformed police in the area, improving lighting and fencing,and, where available, utilizing mobile security force patrols.Section 3. Labor-Management CommitteeParking is a proper subject for discussion at local Labor-Management Committee meetings. The location of new,additional, or improved parking facilities; the number of parkingspaces; security and lighting in the parking areas as well assimilar subjects are proper agenda items for such meetings.124

Article 21.1.BThe local Labor-Management Committee may makerecommendations to the installation head concerning suchsubjects.(The preceding Article, Article 20, shall apply to PSEs)Section 1. Health BenefitsARTICLE 21BENEFIT PLANSThe method for determining the Employer bi-weeklycontributions to the cost of employee health insuranceprograms under the Federal Employees Health BenefitsProgram (FEHBP) will be as follows:A. The Office of Personnel Management shall calculate thesubscription charges under the FEHBP that will be in effect thefollowing January with respect to self only enrollments and selfand family enrollments.B. For career employees on the rolls prior to theeffective date of this Agreement, the bi-weekly Employercontribution for self only and self and family plans in Plan Year2012 is adjusted to an amount equal to 81% of the weightedaverage bi-weekly premiums under the FEHB as determinedby the Office of Personnel Management (OPM) in January2012. Thereafter the Employer contribution will be adjusted to79% effective in January 2013, 78% effective in January 2014,77% effective in January 2015, and 76% effective in January2016. For career employees hired on or subsequent to theeffective date of this Agreement, the bi-weekly Employercontribution for self only and self and family plans in PlanYears 2012 through 2015 is adjusted to an amount equal to77% of the weighted average bi-weekly premiums underthe FEHBP as determined by OPM. The employercontribution will be adjusted to 76% in January 2016.125

Article 21.1.CC. The weight to be given to a particular subscriptioncharge for each FEHB plan and option will be based on thenumber of enrollees in each such plan and option for whomcontributions have been received from employers covered bythe FEHBP as determined by the OPM.D. The amount necessary to pay the total charge forenrollment after the Employer’s contribution is deducted shallbe withheld from the pay of each enrolled employee. To theextent permitted by law, the Employer shall permit employeescovered by this Agreement to make their premiumcontributions to the cost of each plan on a pre-tax basis, andshall extend eligibility to such employees for the U.S. PostalService’s flexible spending account plans for unreimbursedhealth care expenses and work-related dependent child careand elder care expenses as authorized under Section 125 ofthe Internal Revenue Code.E. For career employees on the rolls prior to the effectivedate of this Agreement, the limitation upon the Employer’scontribution towards any individual employee shall be 84.50%of the subscription charge under the FEHBP in 2012.Thereafter the limitation will be 82.25% for 2013, 81.25% for2014, 80.25% for 2015, and 79.25% for 2016. For careeremployees hired on or subsequent to the effective date ofthis Agreement, the limitation shall be 80.25% for 2012through 2015, and 79.25% for 2016.Section 2. Life Insurance(See Memo, page 359)The Employer shall maintain the current life insurance programin effect during the term of this Agreement.126

Article 22Section 3. RetirementThe provisions of Chapters 83 and 84 of Title 5 U.S. Code, andany amendments thereto, shall continue to apply to employeescovered by this Agreement.Section 4. Injury CompensationEmployees covered by this Agreement shall be covered bysubchapter 1 of Chapter 81 of Title 5, and any amendmentsthereto, relating to compensation for work injuries. TheEmployer will promulgate appropriate regulations whichcomply with applicable regulations of the Office of Workers’Compensation Programs and any amendments thereto.Section 5. Health Benefit BrochuresWhen a new employee who is eligible for enrollment in theFederal Employee’s Health Benefit Program enters the PostalService, the employee shall be furnished a copy of the HealthBenefit Plan brochure of the Union signatory to this Agreementwhich represents the craft in which the employee is to beemployed.ARTICLE 22BULLETIN BOARDSThe Employer shall furnish separate bulletin boards for theexclusive use of the Union party to this Agreement, subject tothe conditions stated herein, if space is available. If sufficientspace is not available, at least one will be provided for theUnion signatory to this Agreement. The Union may place theirliterature racks in swing rooms, if space is available. Onlysuitable notices and literature may be posted or placed inliterature racks. There shall be no posting or placement of127

Article 23literature in literature racks except upon the authority ofofficially designated representatives of the Union.(The preceding Article, Article 22, shall apply to PSEs)ARTICLE 23RIGHTS OF UNION OFFICIALS TO ENTERPOSTAL INSTALLATIONSUpon reasonable notice to the Employer, duly authorizedrepresentatives of the Union shall be permitted to enter postalinstallations for the purpose of performing and engaging inofficial union duties and business related to the CollectiveBargaining Agreement. There shall be no interruption of thework of employees due to such visits and representatives shalladhere to the established security regulations.(The preceding Article, Article 23, shall apply to PSEs)ARTICLE 24EMPLOYEES ON LEAVE WITH REGARD TOUNION BUSINESSSection 1. Continuation of BenefitsAny employee on leave without pay to devote full or part-timeservice to the Union signatory to this Agreement shall becredited with step increases as if in a pay status. Retirementbenefits will accrue on the basis of the employee’s step soattained, provided the employee makes contributions to theretirement fund in accordance with current procedure. Annualand sick leave will be earned in accordance with existingprocedures based on hours worked.128

Article 25.1Section 2. Leave for Union ConventionsA. Full or part-time employees will be granted annual leaveor leave without pay at the election of the employee to attendNational, State and Regional Union Conventions (Assemblies)provided that a request for leave has been submitted by theemployee to the installation head as soon as practicable andprovided that approval of such leave does not seriouslyadversely affect the service needs of the installation.B. If the requested leave falls within the choice vacationperiod and if the request is submitted prior to thedetermination of the choice vacation period schedule, it will begranted prior to making commitments for vacations during thechoice period, and will be considered part of the total choicevacation plan for the installation, unless agreed to the contraryat the local level. Where the specific delegates to theConvention (Assembly) have not yet been determined, uponthe request of the Union, the Employer will make provision forleave for these delegates prior to making commitments forvacations.C. If the requested leave falls within the choice vacationperiod and the request is submitted after the determination ofthe choice vacation period schedule, the Employer will makeevery reasonable effort to grant such request, consistent withservice needs.(The preceding Article, Article 24, shall apply to PSEs)ARTICLE 25HIGHER LEVEL ASSIGNMENTSSection 1. Section l. DefinitionsHigher level work is defined as an assignment to a rankedhigher level position, whether or not such position has beenauthorized at the installation.129

Article 25.2Section 2. Higher Level PayAn employee who is detailed to higher level work shall be paidat the higher level for time actually spent on such job. Anemployee’s higher level rate shall be determined as ifpromoted to the position. An employee temporarily assigned ordetailed to a lower level position shall be paid at theemployee’s own rate.Section 3. Written OrdersAny employee detailed to higher level work shall be given awritten management order, stating beginning and approximatetermination, and directing the employee to perform the dutiesof the higher level position. Such written order shall beaccepted as authorization for the higher level pay. The failureof management to give a written order is not grounds for denialof higher level pay if the employee was otherwise directed toperform the duties.Section 4. Higher Level DetailsDetailing of employees to higher level bargaining unit work ineach craft shall be from those eligible, qualified and availableemployees in each craft in the immediate work area in whichthe temporarily vacant higher level position exists. However,for details of an anticipated duration of one week (five workingdays within seven calendar days) or longer to those higher levelcraft positions enumerated in the craft Articles of thisAgreement as being permanently filled on the basis ofpromotion of the senior qualified employee, the senior,qualified, eligible, available employee in the immediate workarea in which the temporarily vacant higher level position existsshall be selected.130

Article 26.1Section 5. Leave PayLeave pay for employees detailed to a higher level position willbe administered in accordance with the following:Employees working short term on a higher level assignment ordetail will be entitled to approved sick and annual paid leave atthe higher level rate for a period not to exceed three days.Short term shall mean an employee has been on anassignment or detail to a higher level for a period of29 consecutive work days or less at the time leave is taken andsuch assignment or detail to the higher level position isresumed upon return to work. All short term assignments ordetails will be automatically canceled if replacements arerequired for absent detailed employees.Long term shall mean an employee has been on an assignmentor detail to the higher level position for a period of30 consecutive workdays or longer at the time leave is takenand such assignment or detail to the higher level position isresumed upon return to work.Terminal leave payments resulting from death will be paid atthe higher level for all employees who are assigned or detailedto higher level assignments on their last workday.ARTICLE 26UNIFORMS AND WORK CLOTHESSection 1. Uniform Control CommitteeThe parties agree that a USPS/APWU National Labor-Management Uniform Control Committee shall be established.The Committee shall be composed of one spokesperson forthe Union, and may include each craft represented by theAPWU entitled to uniforms or work clothing; one spokesperson131

Article 26.2for the Employer and an equal number of representatives of theEmployer. The Chairmanship of the Committee shall alternateeach meeting between the Union spokesperson and the PostalService spokesperson.The Committee shall meet at least once each three months andat such other times as may be necessary or as requested byeither of the parties.The Committee shall have jurisdiction to consider the mattersset out below and all non-cost matters pertaining to theUniform Allowance Program, including but not limited to, theuniform items or work clothes items for which allowances areapplicable; the design, color, quality and fabrics of authorizeditems.The current administration of the Uniform and Work ClothesProgram shall be continued unless otherwise changed by thisAgreement or by the Employer based on recommendations ofthe Committee.“Wear-out” periods for uniform items being changed orreplaced shall be determined by the Committee andappropriate recommendations made after giving fullconsideration to the type of changes being made, theeconomic effect upon the employees involved for replacement,and the overall appearance of the uniform.The Committee shall establish its own rules of procedure.Recommendations of the Committee shall be addressed to thePostmaster General or his designee.Section 2. Annual Allowance - Regular Uniform ProgramThe annual allowance for eligible employees in the regularuniform program shall be as follows:132

Article 26.2.BA. Effective November 21, 2011 the annual allowance forall eligible employees shall be increased from present $371.00per annum to $390.00 per annum; and from present $159.00per annum to $167.00 per annum. The increase shall becomeeffective on the employee’s anniversary date.Effective November 21, 2012 the annual allowance for alleligible employees shall be increased from $390.00 per annumto $399.00 per annum; and from $167.00 per annum to$171.00 per annum. The increase shall become effective onthe employee’s anniversary date.Effective November 21, 2013 the annual allowance for alleligible employees shall be increased from $399.00 per annumto $409.00 per annum; and from $171.00 per annum to$175.00 per annum. The increase shall become effective onthe employee’s anniversary date.Effective November 21, 2014 the annual allowance for alleligible employees shall be increased from $409.00 per annumto $420.00 per annum; and from $175.00 per annum to$180.00 per annum. The increase shall become effective onthe employee’s anniversary date.B. A newly eligible employee entering the regular uniformprogram will receive an additional credit to the employee’sallowance, as follows:Effective November 21, 2011— $90.00 if entitled to $390.00 per annum;— $20.00 if entitled to $167.00 per annumEffective November 21, 2012— $93.00 if entitled to $399.00 per annum;— $20.00 if entitled to $171.00 per annum133

Article 26.3Effective November 21, 2013— $95.00 if entitled to $409.00 per annum;— $21.00 if entitled to $175.00 per annumEffective November 21, 2014— $97.00 if entitled to $420.00 per annum;— $21.00 if entitled to $180.00 per annumAn eligible employee cannot receive this additional credit morethan once; however, the current procedures regardingemployees transferring from one allowance category toanother shall be continued.Section 3. Annual Allowance - Work Clothing ProgramThe annual allowance for eligible employees in the WorkClothes Program and Contract Uniform Program shall be asfollows:Clerical, Motor Vehicle, Maintenance (eligible) - work clothes— $79.00 effective November 21, 2011— $81.00 effective November 21, 2012— $83.00 effective November 21, 2013— $85.00 effective November 21, 2014Custodial Maintenance (eligible) - contract uniform— $150.00 effective November 21, 2011— $154.00 effective November 21, 2012— $158.00 effective November 21, 2013— $162.00 effective November 21, 2014134

Article 27Vehicle Maintenance (eligible) - contract uniform— $190.00 effective November 21, 2011— $195.00 effective November 21, 2012— $200.00 effective November 21, 2013— $205.00 effective November 21, 2014The increase shall become effective on the employee’sanniversary date.ARTICLE 27EMPLOYEE CLAIMSSubject to a $10 minimum, an employee may file a claim withinfourteen (14) days of the date of loss or damage and bereimbursed for loss or damage to his/her personal propertyexcept for motor vehicles and the contents thereof taking intoconsideration depreciation where the loss or damage wassuffered in connection with or incident to the employee’semployment while on duty or while on postal premises. Thepossession of the property must have been reasonable, orproper under the circumstances and the damage or loss mustnot have been caused in whole or in part by the negligent orwrongful act of the employee. Loss or damage will not becompensated when it resulted from normal wear and tearassociated with day-to-day living and working conditions.Claims should be documented, if possible, and submitted withrecommendations by the Union steward to the Employer at thelocal level. The Employer will submit the claim, with theEmployer’s and the steward’s recommendation, within15 days, to the Area office for determination. The claim will beadjudicated within thirty (30) days after receipt at the Areaoffice. An adverse determination on the claim may be appealedpursuant to the procedures for appealing an adverse decisionin Step 3 of the grievance-arbitration procedure.135

Article 28A decision letter denying a claim in whole or in part will includenotification of the Union’s right to appeal the decision toarbitration under Article 15.The Area office will provide to the Union’s RegionalRepresentative a copy of the denial letter referenced above,the claim form, and all documentation submitted in connectionwith the claim.The installation head or designee will provide a copy of thedenial letter to the steward whose recommendation is part ofthe claim form.The above procedure does not apply to privately owned motorvehicles and the contents thereof. For such claims, employeesmay utilize the procedures of the Federal Tort Claims Act inaccordance with Part 250 of the Administrative SupportManual.The procedure specified therein shall be the exclusiveprocedure for such claims, which shall not be subject to thegrievance-arbitration procedure.A tort claim may be filed on SF 95 which will be made availableby the installation head, or designee.(The preceding Article, Article 27, shall apply to PSEs)ARTICLE 28EMPLOYER CLAIMSThe parties agree that continued public confidence in thePostal Service requires the proper care and handling of theUSPS property, postal funds and the mails. In advance of anymoney demand upon an employee for any reason, theemployee must be informed in writing and the demand mustinclude the reasons therefor.136

Article 28.2Section 1. Shortages in Fixed CreditsEmployees who are assigned fixed credits or vending creditsshall be strictly accountable for the amount of the credit. If anyshortage occurs, the employee shall be financially liable unlessthe employee exercises reasonable care in the performance ofhis duties. In this regard, the Employer agrees to:A. Continue to provide adequate security for all employeesresponsible for postal funds;B. Prohibit an employee from using the fixed credit or otherfinancial accountability of any other employee withoutpermission;C. Grant the opportunity to an employee to be presentwhenever that employee’s fixed credit is being audited and ifthe employee is not available to have a witness of theemployee’s choice present;D. Absolve an employee of any liability for loss fromcashing checks if the employee follows establishedprocedures; andE. Audit each employee’s fixed credit no less frequentlythan once every four months.(See Memo, page 361)Section 2. Loss or Damage of the MailsAn employee is responsible for the protection of the mailsentrusted to the employee. Such employee shall not befinancially liable for any loss, rifling, damage, wrong delivery of,or depredation on, the mails or failure to collect or remit C.O.D.funds unless the employee failed to exercise reasonable care.137

Article 28.3Section 3. Damage to USPS Property and VehiclesAn employee shall be financially liable for any loss or damageto property of the Employer including leased property andvehicles only when the loss or damage was the result of thewillful or deliberate misconduct of such employee.Section 4. Collection ProcedureA. If a grievance is initiated and advanced through thegrievance-arbitration procedure or a petition has been filedpursuant to the Debt Collection Act, regardless of the amountand type of debt, collection of the debt will be delayed untildisposition of the grievance and/or petition has (have) beenhad, either through settlement or exhaustion of contractualand/or administrative remedies.B. No more than 15 percent of an employee’s disposablepay or 20 percent of the employee’s biweekly gross paywhichever is lower, may be deducted each pay period tosatisfy a postal debt, unless the parties agree, in writing, to adifferent amount.(The preceding Article, Article 28, shall apply to PSEs)ARTICLE 29LIMITATION ON REVOCATION OFDRIVING PRIVILEGESAn employee’s driving privileges, may be revoked orsuspended when the on-duty record shows that the employeeis an unsafe driver.Elements of an employee’s on-duty record which may be usedto determine whether the employee is an unsafe driver includebut are not limited to, traffic law violations, accidents or failureto meet required physical or operation standards.138

Article 29The report of the Safe Driver Award Committee cannot be usedas a basis for revoking or suspending an employee’s drivingprivileges. When a revocation, suspension, or reissuance of anemployee’s driving privileges is under consideration, only theon-duty record will be considered in making a finaldetermination. An employee’s driving privileges will beautomatically revoked or suspended concurrently with anyrevocation or suspension of State driver’s license and restoredupon reinstatement. Every reasonable effort will be made toreassign such employee to non-driving duties in theemployee’s craft or in other crafts. In the event such revocationor suspension of the State driver’s license is with the conditionthat the employee may operate a vehicle for employmentpurposes, the employee’s driving privileges will not beautomatically revoked. When revocation, suspension, orreissuance of an employee’s driving privileges is underconsideration based on the on-duty record, such conditionalrevocation or suspension of the State driver’s license may beconsidered in making a final determination.Initial issuance—an employee shall be issued a Certificate ofVehicle Familiarization and Safe Operation when suchemployee has a valid State driver’s license, passes the drivingtest of the U.S. Postal Service, and has a satisfactory drivinghistory.An employee must inform the supervisor immediately of therevocation or suspension of such employee’s State driver’slicense.(See Memo, page 362)139

Article 30ARTICLE 30LOCAL IMPLEMENTATIONA. Presently effective local memoranda of understandingnot inconsistent or in conflict with the 2010 NationalAgreement shall remain in effect during the term of thisAgreement unless changed by mutual agreement pursuant tothe local implementation procedure set forth below or, as aresult of an arbitration award or settlement arising from eitherparty’s impasse of an item from the presently effective localmemorandum of understanding.B. There shall be a 30 consecutive day period of localimplementation which shall occur within a period of 60 dayscommencing August 1, 2011 on the 22 specific itemsenumerated below, provided that no local memorandum ofunderstanding may be inconsistent with or vary the terms ofthe 2010 National Agreement:1. Additional or longer wash-up periods.2. The establishment of a regular work week of fivedays with either fixed or rotating days off.3. Guidelines for the curtailment or termination ofpostal operations to conform to orders of localauthorities or as local conditions warrant becauseof emergency conditions.4. Formulation of local leave program.5. The duration of the choice vacation period(s).6. The determination of the beginning day of anemployee’s vacation period.7. Whether employees at their option may requesttwo selections during the choice vacation period, inunits of either 5 or 10 days.140

141Article 30.B.188. Whether jury duty and attendance at National orState Conventions shall be charged to the choicevacation period.9. Determination of the maximum number ofemployees who shall receive leave each weekduring the choice vacation period.10. The issuance of official notices to each employee ofthe vacation schedule approved for suchemployee.11. Determination of the date and means of notifyingemployees of the beginning of the new leave year.12. The procedures for submission of applications forannual leave during other than the choice vacationperiod.13. The method of selecting employees to work on aholiday.14. Whether “Overtime Desired” lists in Article 8 shallbe by section and/or tour.15. The number of light duty assignments within eachcraft or occupational group to be reserved fortemporary or permanent light duty assignment.16. The method to be used in reserving light dutyassignments so that no regularly assigned memberof the regular work force will be adversely affected.17. The identification of assignments that are to beconsidered light duty within each craft representedin the office.18. The identification of assignments comprising asection, when it is proposed to reassign within aninstallation employees excess to the needs of asection.

Article 30.B.1919. The assignment of employee parking spaces.20. The determination as to whether annual leave toattend Union activities requested prior todetermination of the choice vacation schedule is tobe part of the total choice vacation plan.21. Those other items which are subject to localnegotiations as provided in the craft provisions ofthis Agreement.22. Local implementation of this Agreement relating toseniority, reassignments and posting.C. All proposals remaining in dispute may be submitted tofinal and binding arbitration, with the written authorization ofthe national Union President or the Vice-President, LaborRelations. The request for arbitration must be submitted inaccordance with the Memorandum of Understanding regardingLocal Implementation. However, where there is no agreementand the matter is not referred to arbitration, the provisions ofthe former local memorandum of understanding shall apply.The Employer may challenge a provision(s) of a localmemorandum of understanding on “inconsistent or in conflict”grounds only by making a reasonable claim during the localimplementation process that a provision(s) of a localmemorandum of understanding is inconsistent or in conflictwith new or amended provisions of the current NationalAgreement that did not exist in the previous NationalAgreement, or with provisions that have been amendedsubsequent to the effective date of the previous NationalAgreement. If local management refuses to abide by a localmemorandum of understanding on “inconsistent or in conflict”grounds and an arbitrator subsequently finds that localmanagement had no reasonable basis for its claim, thearbitrator is empowered to issue an appropriate remedy.(See Memo, page 364)142

Article 30.GD. In the event of a mid-term change or addition in theNational Agreement, local management may challenge aprovision(s) of a local memorandum of understandingsubsequent to the local implementation period, but only bymaking a reasonable claim that a provision(s) of a localmemorandum of understanding is inconsistent or in conflictwith the changed provision(s) of the National Agreement. Thechallenged provision(s) declared to be inconsistent or inconflict with the National Agreement shall remain in effect for120 days from the date on which the Union is notified in writingof management’s challenge or the date of an arbitrator’s awarddealing with management’s challenge, whichever is sooner.E. An alleged violation of the terms of a memorandum ofunderstanding shall be subject to the grievance-arbitrationprocedure.F. When installations are consolidated or when a newinstallation is established, the parties shall conduct a thirty (30)day period of local implementation, pursuant to Section B. Allproposals remaining in dispute may be submitted to final andbinding arbitration, with the written authorization of the nationalUnion President or the Vice-President, Labor Relations. Therequest for arbitration must be submitted within 10 days of theend of the local implementation period.G. Where the Postal Service, pursuant to Section C,submits a proposal remaining in dispute to arbitration, whichproposal seeks to change a presently-effective LocalMemorandum of Understanding, the Postal Service shall havethe burden of establishing that continuation of the existingprovision would represent an unreasonable burden to theUSPS.143

Article 31ARTICLE 31UNION-MANAGEMENT COOPERATIONSection 1. Membership SolicitationThe Union may, through employees employed by theEmployer, solicit employees for membership in the Union andreceive Union dues from employees in non-work areas of theEmployer’s premises, provided such activity is carried out in amanner which does not interfere with the orderly conduct ofthe Employer’s operation.Section 2. Computer TapesThe Employer shall, on an accounting period basis, provide theUnion at its national headquarters with a computer tapecontaining information as set forth in the Memorandum ofUnderstanding regarding Article 31.Section 3. Information(See Memo, page 366)The Employer will make available for inspection by the Unionall relevant information necessary for collective bargaining orthe enforcement, administration or interpretation of thisAgreement, including information necessary to determinewhether to file or to continue the processing of a grievanceunder this Agreement. Upon the request of the Union, theEmployer will furnish such information, provided, however, thatthe Employer may require the Union to reimburse the USPS forany costs reasonably incurred in obtaining the information.Requests for information relating to purely local matters shouldbe submitted by the local Union representative to theinstallation head or his designee. All other requests forinformation shall be directed by the National President of theUnion to the Vice-President, Labor Relations.144

Article 32.1.CNothing herein shall waive any rights the Union may have toobtain information under the National Labor Relations Act, asamended.(The preceding Article, Article 31, shall apply to PSEs)Section 1. General PrinciplesARTICLE 32SUBCONTRACTINGA. The Employer will give due consideration to publicinterest, cost, efficiency, availability of equipment, andqualification of employees when evaluating the need tosubcontract.(See Memos, pages 369, 371, 372, 404 and 412)B. The Employer will give advance notification to the Unionat the national level when subcontracting which will have asignificant impact on bargaining unit work is being consideredand will meet with the Union while developing the initialComparative Analysis report. The Employer will consider theUnion’s views on costs and other factors, together withproposals to avoid subcontracting and proposals to minimizethe impact of any subcontracting. A statement of the Union’sviews and proposals will be included in the initial ComparativeAnalysis and in any Decision Analysis Report relating to thesubcontracting under consideration. No final decision onwhether or not such work will be contracted out will be madeuntil the matter is discussed with the Union.C. When a decision has been made at the Field level tosubcontract bargaining unit work, the Union at the Local levelwill be given notification.145

Article 32.2Section 2. Motor Vehicle Craft-Highway Movement of MailA. The American Postal Workers Union, AFL-CIO, and theUnited States Postal Service recognize the importance ofservice to the public and cost to the Postal Service in selectingthe proper mode for the highway movement of mail. Inselecting the means to provide such transportation the PostalService will give due consideration to public interest, cost,efficiency, availability of equipment, and qualification ofemployees.B. For highway contracts covered by Article 32, Section 2,the Union will be furnished the information enumerated inParagraph C below. This information will be furnished at leastsixty (60) days prior to the scheduled installation of the service.Within forty (40) days of being furnished such information, theUnion may request a meeting to discuss a specific contract(s).Within forty-five (45) days of being furnished such information,the parties will exchange the basic cost analyses in order tofacilitate discussions. The parties will meet on or before thesixtieth (60th) day. At no time will the subject highwaycontract(s) for which a meeting has been requested beawarded prior to the actual meeting.C. The information will include the following in a concisesummary form:1. A statement of service including frequency, time ofdeparture and arrival, annual mileage, andproposed effective date of contract.2. Equipment requirements. If not comparable tostandard USPS equipment available at that facility,the reasons therefore along with the cubic footjustification are to be provided.3. A statement as to whether the proposed contract isa renewal of an existing contract and/or a partial orcompletely new contract solicitation.146

Article 32.2.E.14. For contract renewals, the current contractual costis to be provided along with any specifics, if theterms of the renewal are modified to whateverdegree.5. If the new contract solicitation replaces in part or inwhole existing Postal Vehicle Service (PVS) service,specifics as to the existing PVS service are to beprovided as to the span of operating time,equipment utilized, annual cost, how the PVSemployees impacted will otherwise be utilized andthe projected United States Postal Service cost forsubcontracting the work in question.D. Should there subsequently be substantive modificationsin the information provided the Union in C above, the Union willbe notified as soon as such decision is made.E. The parties agree that the following factors will be usedin any cost comparisons of the type of transportation mode tobe selected:1. The Motor Vehicle employee costs for MotorVehicle Operators will be the average cost ofLevel 6 Motor Vehicle Operators and the MotorVehicle employee costs for Tractor-TrailerOperators will be the average cost of Level 7 forTractor-Trailer Operators, as per these employees’straight time wages inclusive of fringe benefits. Theaverage of each level will be a weighted averagebased on the number of employees in each step ofthe respective levels and their respective wages.The Motor Vehicle employee costs will be updatedwithin 30 days following each salary adjustment forthe Motor Vehicle Craft.147

Article 32.2.E.22. The vehicle costs will be computed from the lastfour quarters of the Vehicle Make/Model CostReports. These costs will be computed separatelyfor each Area. The parties will consider anadjustment for exceptional cost variances.3. The Postal Vehicle Service will be charged10 minutes at the start and 10 minutes at the end ofeach route, regardless of the vehicle used.F. For all routes for which the Union submitted a costcomparison, if a contract is awarded, the Union will befurnished the cost of such contract.G. These provisions shall be applicable when evaluatingthe type of service to be provided for routes that are:1. A fixed annual rate contract over $100,000 perannum, but not more than 350 miles in round-triplength, and2. An annual rate or non-annual rate contract such aslocal drayage, spotting or shuttle service where theestimated annual compensation will exceed$45,000, and3. Not more than 8 hours in operating time fromterminus to terminus.4. Being then operated by bargaining unit employee(s)of the Motor Vehicle Craft, regardless of annualcost, round-trip length or operating time.H. The information will be furnished for all routes coveredby this Section and subject to renewal, extension, conversionof existing postal vehicle service to highway contract service ornew highway contract service subject to the limitations statedherein. The following contracts are not encompassed by thisSection: services involving collection and box delivery; small148

Article 33.2contract operations in areas where no Postal Vehicle Serviceoperation is currently operating and where Postal VehicleService operation is economically unfeasible; or any star routecontracts let on a temporary or emergency basis.I. The parties recognize that specific conditions may justifyand require alteration of the time requirements specifiedherein.Section 3. Joint Committee(See Memo, page 412)There shall be established at the national level, as asubcommittee of the national level Joint Labor-ManagementCommittee, a joint committee to study the problems in thisarea leading towards a meaningful evolutionary approach tothe issue of subcontracting.(The preceding Article, Article 32, shall apply to PSEs)Section 1. General PrinciplesARTICLE 33PROMOTIONSThe Employer agrees to place particular emphasis upon careeradvancement opportunities. First opportunity for promotionswill be given to qualified career employees. The Employer willassist employees to improve their own skills through trainingand self-help programs, and will continue to expand the PostalEmployee Development Center concept.Section 2. Craft PromotionsWhen an opportunity for promotion to a craft position exists inan installation, an announcement shall be posted on officialbulletin boards soliciting applications from employees of theappropriate craft. Craft employees meeting the qualifications149

Article 33.3for the position shall be given first consideration. Qualificationsshall include, but not be limited to, ability to perform the job,merit, experience, knowledge, and physical ability. Where thereare qualified applicants, the best qualified applicant shall beselected; however, if there is no appreciable difference in thequalifications of the best of the qualified applicants and theEmployer selects from among such applicants, seniority shallbe the determining factor. Written examinations shall not becontrolling in determining qualifications. If no craft employee isselected for the promotion, the Employer will solicitapplications from all other qualified employees within theinstallation.Promotions to positions enumerated in the craft Articles of thisAgreement shall be made in accordance with such Articles byselection of the senior qualified employee bidding for theposition.Section 3. ExaminationsWhen an examination is given, there shall be no unreasonablelimitation on the number of examinations that may be taken byan applicant.ARTICLE 34WORK AND/OR TIME STANDARDSA. The principle of a fair day’s work for a fair day’s pay isrecognized by all parties to this Agreement.B. The Employer agrees that any work measurementsystems or time or work standards shall be fair, reasonableand equitable. The Employer agrees that the Union concernedthrough qualified representatives will be kept informed duringthe making of time or work studies which are to be used as abasis for changing current or instituting new workmeasurement systems or work or time standards. The150

Article 34.EEmployer agrees that the National President of the Union maydesignate a qualified representative who may enter postalinstallations for purposes of observing the making of time orwork studies which are to be used as the basis for changingcurrent or instituting new work measurement systems or workor time standards.C. The Employer agrees that before changing any currentor instituting any new work measurement systems or work ortime standards, it will notify the Union concerned as far inadvance as practicable. When the Employer determines theneed to implement any new nationally developed andnationally applicable work or time standards, it will firstconduct a test or tests of the standards in one or moreinstallations. The Employer will notify the Union at least15 days in advance of any such test.D. If such test is deemed by the Employer to besatisfactory and it subsequently intends to convert the test tolive implementation in the test cities, it will notify the Union atleast 30 days in advance of such intended implementation.Within a reasonable time not to exceed 10 days after thereceipt of such notice, representatives of the Union and theEmployer shall meet for the purpose of resolving anydifferences that may arise concerning such proposed workmeasurement systems or work or time standards.E. If no agreement is reached within five days after themeetings begin, the Union may initiate a grievance at thenational level. If no grievance is initiated, the Employer willimplement the new work or time standards at its discretion.If a grievance is filed and is unresolved within 10 days, and theUnion decides to arbitrate, the matter must be submitted topriority arbitration by the Union within five days. Theconversion from a test basis to live implementation mayproceed in the test cities, except as provided in Paragraph I.151

Article 34.FF. The arbitrator’s award will be issued no later than60 days after the commencement of the arbitration hearing.During the period prior to the issuance of the arbitrator’saward, the new work or time standards will not beimplemented beyond the test cities, and no new tests of thenew standards will be initiated. Data gathering efforts or workor time studies, however, may be conducted during this periodin any installation.G. The issue before the arbitrator will be whether thenational concepts involved in the new work or time standardsare fair, reasonable and equitable.H. In the event the arbitrator rules that the nationalconcepts involved in the new work or time standards are notfair, reasonable and equitable, such standards may not beimplemented by the Employer until they are modified to complywith the arbitrator’s award. In the event the arbitrator rules thatthe national concepts involved in the new work or timestandards are fair, reasonable and equitable, the Employermay implement such standards in any installation. No furthergrievances concerning the national concepts involved may beinitiated.I. After receipt of notification provided for in Paragraph Dof this Article, the Union shall be permitted through qualifiedrepresentatives to make time or work studies in the test cities.The Union shall notify the Employer within ten (10) days of theirintent to conduct such studies. The Union studies shall notexceed one-hundred fifty (150) days, from the date of suchnotice, during which time the Employer agrees to postponeimplementation in the test cities for the first ninety (90) days.There shall be no disruption of operations or of the work ofemployees due to the making of such studies. Upon request,the Employer will provide reasonable assistance in making thestudy, provided, however, that the Employer may require theUnion to reimburse the USPS for any costs reasonably152

Article 35.1.1incurred in providing such assistance. Upon request, the Unionrepresentative shall be permitted to examine relevant availabletechnical information, including final data worksheets, thatwere used by the Employer in the establishment of the new orchanged work or time standards. The Employer is to be keptinformed during the making of such Union studies and, uponthe Employer’s request the Employer shall be permitted toexamine relevant available technical information, including finaldata worksheets, relied upon by the Union.(The preceding Article, Article 34, shall apply to PSEs)ARTICLE 35EMPLOYEE ASSISTANCE PROGRAMSection 1. ProgramsThe Employer and the Union express strong support forprograms of self-help. The Employer shall provide andmaintain a program which shall encompass the education,identification, referral, guidance and follow-up of thoseemployees afflicted by the disease of alcoholism and/or drugabuse. When an employee is referred to the EAP by theEmployer, the EAP staff will have a reasonable period of timeto evaluate the employee’s progress in the program.This program of labor-management cooperation shall supportthe continuation of the EAP for alcohol and/or drug abuse atthe current level. In addition to the current EAP, the EAP will beexpanded, as provided in Section 2 hereof, to encompass theeducation, identification, referral and guidance of:1. employees’ family members afflicted with alcoholismand/or drug abuse which could or does have a negativeimpact on the employee’s work performance, and153

Article 35.1.22. those employees and their families experiencing otherfamily and/or personal problems which could or do havea negative impact on the employee’s work performance.An employee’s voluntary participation in the EAP for assistancewith alcohol and/or drug abuse will be considered favorably indisciplinary action proceedings.Section 2. Joint CommitteeFor the term of the 2010 National Agreement, the Employerand the Union agree to work jointly in the development of theexpanded EAP and in improvements in the existing EAP. Theparties agree to establish at the national level a National EAPCommittee. The Committee will have responsibility for jointly:1. assessing the effectiveness of EAPs operating insideand outside the USPS, and2. developing on an ongoing basis the general guidelineswith respect to the level of services and the mechanismsby which the services will be provided.The Committee is not responsible for day-to-dayadministration of the program.The Committee shall convene at such times and places as itdeems appropriate during the term of the 2010 NationalAgreement. No action or recommendations may be taken bythe Committee except by consensus of its members. In theevent that the members of the Committee are unable to agreewithin a reasonable time on an appropriate course of actionwith respect to any aspect of its responsibility, the Vice-President, Labor Relations, and the National Union Presidentshall meet to resolve such issues.The Committee will submit to the Vice-President, LaborRelations, and the President of the Union, a comprehensivereport on the general guidelines for changes, if any, in the level154

Article 36.2.Aof EAP services and the mechanism by which the services willbe provided.The Committee is authorized to obtain expert advice andassistance to aid its pursuit of its objectives. Theapportionment of any fees and expenses for any such expertsshall be by consensus of the Committee.The Employer and the Union agree that they will cooperate fullyat all levels towards achieving the objectives of the EAP.This joint effort will continue for the term of the 2010 NationalAgreement.ARTICLE 36CREDIT UNIONS AND TRAVELSection 1. Credit UnionsIn the event that the Union signatory to this Agreement or itslocal Unions (whether called locals or by other names)presently operate or shall hereafter establish and charter creditunions, the Employer shall, without charge, authorize andprovide space, if available, for the operation of such creditunions in Federal buildings, in other than workroom space.Any postal employee who is an employee of any such creditunion or an officer, official, or Board member of any such creditunion, shall, if such employee can be spared, be grantedannual leave or leave without pay, at the option of theemployee, for up to eight (8) hours daily, to perform creditunion duties.Section 2. Travel, Subsistence and TransportationA. The Employer shall continue the current travel,subsistence and transportation program.155

Article 36.2.BB. Employees will be paid a mileage allowance for the useof privately owned automobiles for travel on official businesswhen authorized by the Employer equal to the standardmileage rate for use of a privately owned automobile asauthorized by the General Services Administration (GSA). Anychange in the GSA standard mileage rate for use of a privatelyowned automobile will be put into effect by the Employerwithin sixty (60) days of the effective date of the GSA change.C. All travel for job-related training will be consideredcompensable work hours.(The preceding Article, Article 36, shall apply to PSEs)ARTICLE 37CLERK CRAFTSection 1.Section 2.Section 3.Section 4.Section 5.Section 6.Section 7.Section 8.Section 9.DefinitionsSeniorityPosting, Bidding, and ApplicationUnencumbered EmployeesConversion/Part-Time FlexiblePreferenceAnti-Fatigue MeasuresScheme CommitteeComputerized Forwarding SystemListing of Key and Standard PositionsSection 1. DefinitionsA. Craft Group. Those positions for which the Union hassecured exclusive recognition at the national level.B. Duty Assignment. A set of duties and responsibilitieswithin recognized positions regularly scheduled during specifichours of duty.156

Article 37.1.JC. Bid. A written request submitted on a PS Form 1717, orPS Form 1717A, or locally designed multi-bid form, whichrequires only the basic information on PS Form 1717, to theinstallation head to be assigned to a duty assignment by a fulltimeemployee eligible to bid. In the absence of a standard bidform, a bid submitted in writing will be accepted. Whencomputerized bidding is available to all employees in a facility,telephone and computerized bidding is mandatory. Wheretelephone bidding is the only alternative form of bidding, bidsmay be submitted by telephone.D. Application. A written request by a Clerk Craftemployee for consideration for a duty assignment for which theemployee is not entitled to submit a bid or express apreference under Article 37, Section 5.E. Abolishment. A management decision to reduce thenumber of occupied duty assignment(s) in an establishedsection and/or installation.F. Reversion. A management decision to reduce thenumber of duty assignments in an installation when such dutyassignment(s) is/are vacant.G. Reposting. The posting of a duty assignment asrequired by Article 37, Section 3.A.4.a, b, or c.H. Residual Vacancy. A duty assignment that remainsvacant after the completion of the voluntary bidding process.I. Conversion. The act of changing the status of a parttimeflexible employee to full-time regular by appropriatepersonnel action (Form 50).J. Currently Qualified. Possessing a live record on all ofthe qualifications for a posted duty assignment, includingscheme and/or the ability to key at the appropriate speed andaccuracy on the appropriate keyboard, such that the employee157

Article 37.1.Kcan assume the posted duties of the duty assignment withoutthe need for a deferment period.K. Live Record. A record of qualification which makes anemployee qualified, for bidding purposes, on a particularscheme, skill, or other qualification requirement. A live recordbegins when an employee qualifies on the requirement. Itsduration is as follows:1. Except for positions listed in Section 3.F.7, a liverecord lasts for two years after the employeeceases to perform the duties which require the skill.2. For positions listed in Section 3.F.7, a live recordlasts for five years after the employee ceases toperform the duties which require the skill.3. A full-time regular employee is considered to ceaseperforming the duties which require a skill when theemployee no longer holds a bid requiring the skill.L. Brush-up Training. Training provided to an employeewho is a successful bidder or is assigned to a duty assignmentfor which the employee is deemed to be currently qualified.Section 2. SeniorityA. Introduction(See Memo, page 397)1. The U.S. Postal Service and the APWU, Clerk CraftDivision, AFL-CIO, agree to the following seniorityprinciples which replace all former rules,instructions and practices.2. This Article will continue relative seniority standingsproperly established under past instructions, rules,and practices and the Article shall be so applied. Ifan employee requests a correction of seniority158

B. CoverageArticle 37.2.D.1standing, it is the responsibility of the requestingemployee to identify and restate the specificinstructions, rule or practice in support of therequest.These rules apply to all employees in the regular work forcewhen a guide is necessary for filling vacant assignments andfor other purposes. No employee, solely by reason of thisArticle, shall be displaced from an assignment the employeegained in accord with former rules.C. ResponsibilityThe Employer is responsible for day-to-day application of theseniority provisions of this Article. The installation head shallpost and furnish a copy of an updated seniority list to the localunion on a semi-annual basis, unless otherwise negotiatedlocally. The application of this Article shall be open tonegotiation at the installation level with the designated officialof the Union.D. Application of Seniority1. Seniority for full-time employees for bidding andother purposes shall be applied in accordance withthe National Agreement. This seniority determinesthe relative standing among full-time employees. Itbegins on the date of entry into the Clerk Craft in aninstallation and continues to accrue as long asservice is uninterrupted in the Clerk Craft and in thesame installation, except as otherwise specificallyprovided for.159

Article 37.2.D.22. Reassignment of Part-Time Flexible Employeesto the Clerk CraftWhen a part-time flexible employee is voluntarily orinvoluntarily reassigned to the Clerk Craft fromanother craft, the employee shall be assigned tothe bottom of the part-time flexible roll and begin anew period of seniority effective the date ofreassignment.3. Relative Standing on the Part-Time Flexible Rolla. Part-time flexible employees are placed on thepart-time flexible roll in the order of the date ofcareer appointment as a part-time flexiblefrom a competitive Postal Service eligibleregister or other means. In cases ofappointment of more than one employee tothe part-time flexible roll on the same day fromthe same competitive register, their positionson the part-time flexible roll will be in accordwith their standing on the Postal Serviceeligible register.In cases of appointment of more than oneemployee to the part-time flexible roll on thesame day from different registers, theirpositions on the part-time flexible roll will bedetermined in accordance with their scores onthe entrance examination applicable to theposition for which hired.If a tie still exists, standing on the part-timeflexible roll will be determined by theapplication of Section 2.D.4 below.b. A reinstated, reassigned, or transferredemployee shall be placed on the part-time160

Article 37.2.D.4.hflexible roll ahead of one appointed from theregister on the same day.c. Continuous time in the Clerk Craft in the sameinstallation shall be used for vacationscheduling.4. Seniority Tie BreakerExcept as otherwise specifically provided for in thisAgreement, when it is necessary to resolve a tie inseniority between two or more Clerk Craftemployees, the following criteria shall apply in theorder set forth below:a. Total continuous postal career service in theClerk Craft within the installation.b. Total postal career service in the Clerk Craftwithin the installation.c. Total postal career service in the Clerk Craft.d. Total postal career service within theinstallation.e. Total postal career service.f. Total postal service.g. Total Federal service as shown in the servicecomputation date.h. Numerical by the last three or more numbers(using enough numbers to break the tie, butnot fewer than three numbers) of theemployee’s social security number, from thelowest to highest.(See Memo, page 422)161

Article 37.2.D.55. Changes in Which Seniority is Regained,Restored or Retaineda. Reemployment After Disability Separation.On reinstatement or reemployment afterseparation caused by disability, disabilityretirement, retirement or resignation becauseof personal illness and the employee so statedin the resignation and furnished satisfactoryevidence for inclusion in the employee’spersonnel folder, the employee’s seniorityshall be the same as if employment had notbeen interrupted if reinstated or reemployed inthe same postal installation and craft fromwhich originally separated; providedapplication for reinstatement or reemploymentis made within six months from the date ofrecovery. The date of recovery in the case ofdisability retirement must be supported bynotice of recovery from The CompensationGroup, Office of Personnel Management, andin the case of resignation due to illness, by astatement from the applicant’s attendingphysician or practitioner. When reinstatementis to the part-time flexible roll, standing on theroll shall be the same as if employment hadnot been interrupted by the separation.b. Restoration. On restoration in the same craftin the same installation after return frommilitary service, the employee’s seniority shallbe the same as if employment had not beeninterrupted by the separation.c. Employees Electing Reassignment. Anysenior Clerk Craft employee in the same leveland status in the installation may elect to be162

Article 37.2.D.5.d.(1)reassigned to the gaining installation in lieu ofan involuntary reassignment of a junioremployee.(1) Senior regular clerks who elect to bereassigned to the gaining installation willtake their seniority with them. Suchsenior employees who acceptreassignment to the gaining installationdo not have retreat rights.(2) Senior part-time flexible employees whoelect to be reassigned to the gaininginstallation will be placed at the bottom ofthe part-time flexible roll. Uponconversion to full-time, an employee’sseniority for bidding purposes shallinclude part-time flexible service in boththe losing and gaining installations.d. Employees Requesting Transfer in Lieu ofExcessing. Any regular Clerk Craftemployee in an installation experiencingexcessing from the Clerk Craft may requestto transfer into residual vacancies withinthe District and/or within a one hundred(100) mile radius pursuant to Paragraph 7 ofthe Memo on Transfer Opportunities toMinimize Excessing.(1) Regular clerks who voluntarily transferto the gaining installation pursuant toParagraph 7 of the Memo will taketheir seniority with them. Such senioremployees who volunteer to transferto the gaining installation do not haveretreat rights.163

Article 37.2.D.5.d.(2)(2) Part-time flexible employees whovolunteer to transfer to the gaininginstallation pursuant to Paragraph 7 ofthe Memo will be placed at the bottomof the part-time flexible roll. Uponconversion to full-time, an employee’sseniority for bidding purposes shallinclude part-time flexible service inboth the losing and gaininginstallations.(See Memo, page 422)6. Changes in Which Seniority is LostExcept as specifically provided elsewhere in thisAgreement, a full-time employee begins a newperiod of seniority:a. When the change is:(1) from one postal installation to another atthe employee’s request.(2) from another craft to the Clerk Craft(voluntarily or involuntarily).b. Upon reinstatement or reemployment.c. Upon transfer into the Postal Service.7. Change in Which Seniority is ModifiedWhen mutual exchanges are made between ClerkCraft employees in the same status in differentinstallations, both of the exchanging employeesshall take the seniority date or relative standing onthe part-time flexible roll of the junior employeeinvolved and shall be reassigned as unassigned164

Article 37.3.A.2full-time regular or part-time flexible employeesbased on existing status.Section 3. Posting, Bidding, and ApplicationA. Newly established and vacant Clerk Craft dutyassignments shall be posted as follows:1. All newly established Clerk Craft duty assignmentsshall be posted to craft employees eligible to bidwithin 28 days. All vacant duty assignments, exceptthose positions excluded by the provisions ofArticle 1, Section 2, shall be posted within 28 daysunless such vacant duty assignments are reverted.Every effort will be made to create desirableduty assignments from all available work hoursfor career employees to bid.a. Full-time duty assignments.(1) Newly established full-time dutyassignments are posted to full-timeemployees eligible to bid.(2) Vacant full-time duty assignments areposted to full-time employees eligible tobid.2. Reversion. When a vacant duty assignment isunder consideration for reversion, the local UnionPresident will be given an opportunity for input priorto a decision. The decision to revert or not to revertthe duty assignment shall be made not later than28 days after it becomes vacant and if the vacantassignment is reverted, a notice shall be postedadvising of the action taken and the reasonstherefor.165

Article 37.3.A.33. Withholding. When vacancies are withheld underthe provisions of Article 12, the local UnionPresident will be notified in writing.4. Reposting.a. When it is necessary that fixed scheduleday(s) of work in the basic work week for aduty assignment be permanently changed, theaffected assignment(s) shall be reposted.b. The determination of what constitutes asufficient change of duties, principalassignment area or scheme knowledgerequirements to cause the duty assignment tobe reposted shall be a subject of negotiationat the local level.c. The determination of what constitutes asufficient change in starting time of a dutyassignment to cause the duty assignment tobe reposted is negotiable at the local level,provided:(1) No duty assignment will be repostedwhen the change in starting time is onehour or less.(2) The above criteria will also apply tocumulative changes in starting timewithin the life of this Agreement.Cumulative changes are changes thatmove the starting time outside a circlewhich has the starting time as its centerand the agreed upon time as its radius.(3) The incumbent shall have the option ofaccepting the new reporting time, ifnegotiated at the local level. If the166

Article 37.3.A.4.dincumbent accepts the new reportingtime, the assignment will not bereposted.(4) If the incumbent does not accept the newreporting time, the assignment will bereposted.(5) Any occupied traditional full-timeregular duty assignment which isconverted to a non-traditional full-timeassignment shall be reposted. Anyoccupied non-traditional full-timeregular duty assignment which isconverted to a traditional full-timeassignment shall be reposted.(6) When the total hours in the workweekof a non-traditional full-timeassignment are changed, theassignment shall be reposted.d. When duty assignments are reposted inaccordance with a., b., or c. above, suchrepostings of level 6, 7, and 8 dutyassignments will be limited to employeeswithin the same and higher salary levels andstatus; and repostings of level 5 dutyassignments will be limited to thoseemployees in that salary level and status.Subsequent postings which result from areposted duty assignment will be limited toemployees within the above salary levels untila residual vacancy is identified. Residual167

Article 37.3.A.4.d.(1)vacancies which result from repostings will befilled in the following order:(1) Assign any unencumbered employees inthe same salary level who are availablefor assignment, in accordance withSection 4.C.1.(2) Post to full-time employees in all levelswho are eligible to bid.(3) If no bidders, assign unencumberedlower level employees in accordance withSection 4.C.1.e. Duty assignments within multicraft positionsshall not be reposted due to changes in hours,off days, or duties. A multicraft position is aposition from which a duty assignment isposted for bid to employees from more thanone craft and is awarded based on seniority.f. If the decision is to repost an occupied dutyassignment and there are two or moreidentical (hours, off days and duties)assignments within the section, the dutyassignment of the junior incumbent of suchassignment will be reposted.5. In instances where more than one duty assignmentis posted, clerks may indicate preferences on thebid form or in the telephone or computerizedbidding process.6. An employee who has submitted a bid shall havethe right to cancel the bid, in writing or in thetelephone or computerized bidding process, at anytime before the closing time (hour and date) of theposting. Such cancellation, to be official, shall be168

169Article 37.3.A.8date stamped or processed by telephone orcomputer (with confirmation). An employee may notcancel a bid after the closing time of the posting.7. Best Qualified Positionsa. All newly established and vacant dutyassignments in a best qualified position shallbe posted for bid to full-time employeesencumbered in duty assignments in the samesalary level and same best qualified position,except when a vacant assignment(s) is beingconsidered for reversion. The successfulbidder must be placed in the duty assignmentwithin 28 days after the successful biddernotice is posted, except in the month ofDecember.b. The residual vacancy, as defined in Section 1of this Article, will be posted for applicationunless the vacancy is being withheld pursuantto Article 12. The application process must becompleted within 42 days. The successfulapplicant must be placed in the dutyassignment within 28 days after the successfulapplicant notice is posted, except in themonth of December.c. Incumbents in each best qualified position andsalary level will be in a separate category forArticle 12 excessing purposes. Thesecategories will be separate from seniorqualified positions.8. Clerks temporarily detailed to a nonbargaining-unitposition (204b) may not bid, express Article 37.5preferences, exercise Article 12 retreat rights, orapply for vacant Clerk Craft duty assignments while

Article 37.3.A.8so detailed. However, nothing contained hereinshall be construed to preclude such temporarilydetailed employees from voluntarily terminating a204b detail and returning to their craft position.Upon return to the craft position, such employeesmay exercise their right to bid or apply for vacantClerk Craft duty assignments.The duty assignment of a clerk detailed to anonbargaining-unit position, including anonbargaining-unit training program, in excess ofninety (90) days shall be declared vacant and shallbe posted for bid in accordance with this Article.Upon return to the craft the employee will becomean unassigned clerk with a fixed schedule.A clerk temporarily detailed to a nonbargaining-unitposition will not be returned to the craft solely tocircumvent the provisions of Section 3.A.8. Anemployee detailed to a non-bargaining unitposition must return to the craft for a minimumof one continuous pay period to preventcircumvention of the intent of this provision. Forbidding purposes, this circumvention provisionmust be met prior to the date of posting theaward notice of senior or successful bidder orapplicant. For reposting purposes, thiscircumvention provision must begin prior to theend of the ninety (90) days. This is not an itemsubject to local implementation.Form 1723, Notice of Assignment, shall be used indetailing clerks to temporary nonbargaining-unitpositions (204b). The Employer will provide theUnion at the local level with a copy of Form(s) 1723showing the beginning and ending of all suchdetails.170

Article 37.3.A.9.b.(2)Employees detailed to nonbargaining-unit positionsare not entitled to out-of-schedule premium.9. Filling Positions Upgraded at the National Levela. When an occupied Clerk Craft position isupgraded on the basis of the present duties:(1) The incumbent will remain in theupgraded job provided the employee hasbeen in that job for more than one year.(2) The job will be posted for bid orapplication in accordance with theAgreement if the incumbent has not beenin the job for more than one year.b. When an occupied Clerk Craft position isupgraded on the basis of duties which areadded to the position:(1) The incumbent will remain in theupgraded job provided the employee hasbeen in that job for more than one year.The year of required incumbency in thejob begins when the duty or duties wereadded which permitted the job to bereranked.(2) The job will be posted for bid orapplication in accordance with theAgreement if the incumbent has not beenin the job more than one year since thedate when the duty or duties were addedwhich later permitted the job to bereranked.171

Article 37.3.A.1010. Full-time Clerk Craft employees may use theirseniority to bid on any senior qualified assignmentinvolving a change in level provided the biddermeets the qualifications established for the positionand the requirements in subsection a. and b.below, when applicable.a. Full-time Clerk Craft employees in levels PS-6,PS-7, and PS-8 may bid and compete forvacant and newly established full-time dutyassignments ranked below PS-6.b. Full-time Clerk Craft employees in levelsbelow PS-6 may bid and compete for vacantand newly established full-time dutyassignments ranked at PS-6, PS-7, and PS-8.c. Employees in levels below PS-6 who arepromoted as a result of this section and aresubsequently impacted due to technologicaland mechanization changes shall not beentitled to saved grade for a period of twoyears beginning with the effective date ofpromotion. This two-year restriction does notapply to employees who previously occupiedthe higher level.d. Before excessing pursuant to provisions ofArticle 12, employees serving their initialassignment per part a. or b. above may beexcessed to their former wage level by inverseseniority provided the employee has notcompleted three years in the new level.e. Employees in levels below PS-6 who arepromoted as a result of this section will berestricted from bidding to duty assignments inPS-6, PS-7, and PS-8 positions other than the172

Article 37.3.A.11position description initially bid for one yearfrom the effective date of promotion.Employees serving this bid restriction may bidon any duty assignment below PS-6 duringthis one-year period. This restriction does notapply to employees who previously occupiedthe higher level.11. The following PS-7 and PS-8 positions are filled onthe basis of senior qualified:PositionNumberKP 17SP 1-54SP 2-3SP 2-4SP 2-12SP 2-20SP 2-25SP 2-26SP 2-28SP 2-156SP 2-157SP 2-158SP 2-181SP 2-188SP 2-195SP 2-217SP 2-218SP 2-346TitleClaims Clerk Paying OfficeHighway Transportation ClerkInformation ClerkScheme ExaminerPostage-Due TechnicianClerk-Finance StationGeneral ExpediterReview ClerkFlat Sorting Machine OperatorStamp Supply ClerkSpecial Postal ClerkSchedule Clerk-Foreign MailGeneral Office Clerk-Foreign MailExamination SpecialistVehicle Operations-MaintenanceAssistantTransfer Clerk, AMFReceiving Clerk-Foreign Air MailProcurement and MaterielManagement Assistant173

Article 37.3.BPositionNumberSP 2-362SP 2-385SP 2-387SP 2-388SP 2-433SP 2-464SP 2-465SP 2-468SP 2-495SP 2-502SP 2-633SP 2-634SP 2038SP 2-44SP 2-615SP-1029SP-2642SP 2-383SP-XXXSP-XXXTitleParcel Post Distributor-(Machine)Ramp Clerk, AMFBulk Mail TechnicianWindow Services TechnicianSelf-Service Postal Center TechnicianMail Classification ClerkMail Classification ClerkMailing Requirements ClerkRecords Clerk, International Air MailSack Sorting Machine OperatorDistribution Clerk, Machine, MPLSMDistribution Clerk, Machine, SPLSMSenior Mail ProcessorBulk Mail ClerkBulk Mail Dock ClerkTime & Attendance Collection System(TACS) ClerkLead Sales & Service AssociateAir Records ProcessorLead Mail Processing ClerkDelivery/Sales Services andDistribution AssociateB. Article 12 Exceptions – Clerk Craft1. In the Clerk Craft, an employee(s) involuntarilyexcessed from the Craft or installation (Article12.5.C.5) shall be entitled at the time of suchreassignment to file a written request to return tothe first vacancy in the craft and installation fromwhich reassigned. Such request for retreat rights174

Article 37.3.B.3must indicate whether the employee(s) desires toretreat to the same, lower, and/or higher salarylevel assignment and, if so, what salary level(s). Theemployee(s) shall have the right to bid for vacancieswithin the former installation and the writtenrequest for retreat rights shall serve as a bid forvacancies in the level from which the employee wasreassigned and for all residual vacancies in otherlevels for which the employee has expressed adesire to retreat. The employee(s) may retreat toonly those assignments for which the employee(s)would have been eligible to bid. If vacancies areavailable in the specified lower, higher or samesalary level, the employee will be given the option.Repostings occurring pursuant to Article 37,Sections 3.A.4.a, 3.A.4.b, and 3.A.4.c, arespecifically excluded from the application of thissubsection.Withdrawal of a bid or failure to qualify for avacancy or residual vacancy terminates retreatrights to the level of the vacancy. Furthermore,employee(s) electing to retreat to a lower level arenot entitled to salary protection.2. In the Clerk Craft, when excessing from a sectionoccurs (Article 12.5.C.4), any duty assignmentsremaining within the section occupied by Clerksjunior to the senior Clerk whose duty assignmentwas abolished will be posted for bid to currentlyqualified Clerks within the section.3. Special excessing provisions for Best Qualifiedduty assignments are found at Article 37.3.A.7.c.175

Article 37.3.CC. Place of Posting1. The notice inviting bids for a duty assignment shallbe posted on all official bulletin boards andavailable within the computerized bidding processat the installation where the vacancy exists,including stations and branches, to assure that itcomes to the attention of all employees eligible tosubmit bids. Copies of the notice shall be given tothe local Union. When absent employees have sorequested in writing, stating their mailingaddresses, a copy of any notice inviting bids fromthe Clerk Craft shall be mailed to them by theinstallation head.2. Posting and bidding for duty assignments shall beinstallation-wide, except as otherwise provided forin this Agreement.D. Length of PostingThe notices shall remain posted for 10 days, unless a differentlength for the posting period is established by localnegotiations.E. Information on NoticesInformation shall be as shown below and shall be specificallystated:1. The duty assignment by position, title and number(e.g., key or standard position).2. PS salary level.3. Scheme knowledge and special requirementsinvolving training, where applicable.4. Hours of duty (beginning and ending), and tour.176

177Article 37.3.F.1.c5. The principal assignment area (e.g., parcel post,incoming or outgoing in the main office, orspecified station, branch, or other location(s) wherethe greater portion of the assignment will beperformed).a. Management will post the duties on MailProcessing Clerk duty assignments.6. Qualification Standards.7. Physical requirements unusual to the specificassignment.8. Invitation to employees to submit bids.9. The fixed or rotating schedule or days of work, asappropriate.F. Results of Posting1. a. Within 10 days after the closing date for theposting (excluding December), the installationhead shall post a notice listing the senior orsuccessful bidder(s) and their seniority date(s).The senior qualified bidder meeting thequalification standards for the position shall bedesignated the “successful bidder.” If adeferment period is required, the employeewill be designated the “senior bidder.”b. An employee will be limited to five seniorunsuccessful bids during the duration of thisAgreement.c. A senior unsuccessful bid is one on which theemployee is designated the senior bidder and,due to withdrawal, failure to qualify, or othervoluntary relinquishment of the employee’srights to the duty assignment, does not

Article 37.3.F.1.dbecome the successful bidder. If an employeeexercises an option to withdraw in order toaccept a duty assignment on which theemployee remains a live bidder, suchwithdrawal does not constitute a seniorunsuccessful bid.d. An employee who has used five seniorunsuccessful bids for any reason during theduration of this agreement will not bepermitted further bids unless such bid:(1) is to a duty assignment for which theemployee is currently qualified;(2) is due to elimination or reposting of theemployee’s duty assignment; or(3) is required in order to retain saved grade.2. The successful bidder must be placed in the newassignment within 28 days except in the month ofDecember. The local agreement may set a shorterperiod.3. a. When the duty assignment requires schemeknowledge, if the senior bidder is qualified onthe scheme requirements of the position,assign the employee in compliance with 2above. If the senior bidder is not qualified onthe scheme requirements when the postingperiod is closed, permanent filling of the dutyassignment shall be deferred until suchemployee is qualified on the schemerequirements. The deferment period shallbegin the date the senior bidder is scheduledto report for training and shall be computedbased on the following:178

Article 37.3.F.3.aTotal Number ofScheme Items100-200 14201-300 22301-400 30401-500 38501-600 46601-700 54701-800 62801-900 66901-1000 701001-1100 741101-1200 781201-1300 821301-1400 861401-1500 901501-1600 951601-1700 1001701-1800 1051801-1900 1101901-2000 115Deferment period(calendar days)Normally, the employee will begin the requiredtraining within 10 days after the posting of thesenior bidder, excluding December. Anemployee who has scheduled leave of a weekor longer (four (4) days during a holiday week)within the first twenty eight (28) days, may athis/her option, begin training upon return fromthe scheduled leave.179

Article 37.3.F.3.bb. An employee designated the senior biddermay withdraw at any time prior to completingtraining and being designated the successfulbidder. If a senior bidder withdraws, beginstraining and subsequently withdraws, fails toqualify, or otherwise relinquishes rights to theduty assignment, the employee will bereturned to his/her former duty assignmentand the next senior bidder will be placedinto training.c. Within 21 days after the end of the defermentperiod, the senior successful bidder shall bepermanently assigned except as indicatedbelow. A notice shall be posted stating thesuccessful bidder. During the defermentperiod, the assignment normally should befilled by the detail of a qualified employee.4. a. When the duty assignment requires machinequalifications, if the senior bidder is qualifiedon machine qualifications, which means theability to key at the appropriate speed andaccuracy on the appropriate keyboard, assignthe employee in accordance with 2 above. Ifthe senior bidder is not qualified when theposting period is closed, permanent filling ofthe duty assignment shall be deferred until thesenior bidder is qualified on the machinequalifications. The hours of trainingestablished for machine qualifications shallconstitute the deferment period, which shallbegin on the first day the training is scheduled.Normally, the employee will begin the requiredtraining within 10 days after the posting of thesenior bidder, excluding December. Anemployee who has scheduled leave of a week180

Article 37.3.F.4.dor longer (four (4) days during a holiday week)within the first twenty-eight (28) days, may athis/her option, begin training upon return fromthe scheduled leave.b. An employee designated the senior biddermay withdraw at any time prior to completingtraining and being designated the successfulbidder. If a senior bidder withdraws, beginstraining and subsequently withdraws, fails toqualify, or otherwise relinquishes rights to theduty assignment, the employee will bereturned to his/her former duty assignmentand the next senior bidder will be placedinto training.c. Normally, the employee will begin the requiredtraining within 10 days after the posting of thesenior bidder, excluding December. Within21 days after the end of the deferment period,the senior successful bidder shall bepermanently assigned. A notice shall beposted stating the successful bidder. Thedeferment period for machine qualificationstraining, the scheme requirements, andscheme distribution keyboard training will notbe concurrent. During the deferment period,the assignment normally should be filled bythe detail of a qualified employee. Wherescheme knowledge is required, the provisionsof Section 3.F.3 above are applicable.d. Except as specifically provided elsewhere inthis Article, no employee shall be denied theopportunity to bid or qualify on any mailsorting machine duty assignment solely181

Article 37.3.F.5because of a previous unsuccessful attemptto qualify for a mail sorting machine dutyassignment.5. When the posted duty assignment requires aspecific skill(s) where the employees must beimmediately qualified, senior bidders will be givenan opportunity to demonstrate the skill(s). Aminimum of five senior bidders will be tested,unless one or more of the five are currentlyqualified. In that case, all bidders senior to thesenior currently qualified employee will be tested.This demonstration occurs prior to an employeebeing designated as the senior bidder or the seniorqualified bidder.a. This provision applies to the followingpositions/duty assignments:Air Records Processor, PS-7;Clerk Stenographer, PS-6;Self-Service Postal Center Technician, PS-7;All senior qualified duty assignments requiringtyping skills.b. An employee who, as the result of a bid,attempts to demonstrate the skill(s) for one ofthe above positions/duty assignments andfails will be restricted from bidding onpositions/duty assignments which require thesame skill(s) for a period of 120 days from thedate the employee attempts to demonstratethe skill.182

Article 37.3.F.76. Where incidental typing is required as a part of aduty assignment, such requirement must bereasonably related to the efficient performance ofthe responsibilities of the duty assignment.7. The senior bidder for any of the following positionswill enter a deferment period and be providedappropriate combinations of training, testing andpractical demonstration of ability to perform in theactual position. Permanent assignment to theposition will be deferred until successfulcompletion of the training. If the employee does notsatisfactorily complete the training or withdraws,the employee will be returned to his/her former dutyassignment and the next senior bidder will beplaced into training. An employee bidding from oneof the positions on the list to another requiringsimilar essential duties will not be required to takethe training.Window Clerk (KP 13)Distribution and Window Clerk (SP 2-1)Distribution, Window and Markup Clerk (SP 2-629)Window Services Technician (SP 2-388)Clerk — Finance Station (SP 2-20)Bulk Mail Clerk (SP 2-44)Bulk Mail Technician (SP 2-387)Mail Classification Clerk (MSC) (SP 2-464)Mail Classification Clerk (MSC) (SP 2-465)Mailing Requirements Clerk (SP 2-468)Mailing Requirements Clerk (SP 2-469)183

Article 37.3.F.7.aPostage-Due Clerk (SP 2-11)Postage-Due Technician (SP 2-12)Self-Service Postal Center Technician (SP 2-433)Senior Mail Processor (SP-2038)Sales & Services Associate (SP-2640)Sales, Services, & Distribution Associate (SP-2641)Lead Sales & Services Associate (SP-2642)Delivery/Sales Services and DistributionAssociate (SP-XXX)a. In installations where 105 or more hours oftraining are required for position qualificationand a full-time duty assignment in any of theabove position designations requires schemequalification, the deferment period forscheme(s) and position qualification will not beconcurrent.b. An employee who is designated the seniorbidder for any of the positions listed in F.7.above and who subsequently fails tosatisfactorily complete the training orwithdraws from the bid will be restricted frombidding on posted duty assignments in thatposition designation for a period of 180 days,except as provided for in (1) and (2) below.The 180 day restriction begins on the effectivedate of the withdrawal, or, if an examination isrequired, on the date the employee took theexamination.This bidding restriction does not apply if:184

Article 37.3.F.8.c.(2)(1) The employee’s bid duty assignment isabolished or reposted during the 180-daybidding restriction.(2) The employee withdraws prior tocompletion of 25% of the positionqualification training hours.8. a. When an employee is designated assuccessful bidder and remains a live bidder onother bids, the employee shall notifymanagement in writing within ten days of his/her election to remain a bidder on one or moreof those assignments. The notice shall identifythe assignment(s) by job and posting number.Failure to notify within ten days will cancelsuch other bids.b. When an employee is in a deferment periodand would be designated a senior orsuccessful bidder on a previous bid, theemployee will be given a choice to remain intraining or become the senior or successfulbidder on the previous bid.c. Except as otherwise specifically provided in3.F.3, 3.F.4, and 3.F.7, any of the followingshall end the deferment period, and the dutyassignment shall be filled in accordance withthe provisions of this Article:(1) The senior bidder withdraws prior to theend of the deferment period;(2) The senior bidder is designated thesenior or successful bidder on asubsequent posting during the defermentperiod. Eligibility to demonstrate a skill185

Article 37.3.F.8.c.(3)per 3.F.5 does not end a defermentperiod.(3) The senior bidder otherwise relinquishesthe employee’s rights (voluntarily orinvoluntarily) to the assignment.d. Any withdrawal, to be official, shall be datestamped or if done by telephone or computer,must have confirmation.9. Pursuant to the Memorandum of Understandingconcerning use of full-time employees on Reliefand Pool duty assignments, such assignments inthe Clerk Craft shall normally be used to cover:a. Vacancies and absences (in their owninstallation or other installations asdesignated in the employee’s bid) ofemployees holding full-time bid assignmentsor Postmasters in:(1) Stations or Branches;(2) Window Service;(3) Customer Service, Finance or E&LR.b. Functions which predictably occur at the endof the accounting period (Timekeeper,Examination Specialist, etc.)(See Memo, page 380)10. Normally, the successful bidder shall work the dutyassignment as posted and shall not be displacedby a junior employee. This does not prohibit theEmployer from assigning other employees to workthe assignment for training purposes.186

Article 37.4.C.3Section 4. Unencumbered EmployeesA. Coverage. Full-time flexible employees and unassignedregular employees are considered unencumbered employees.B. An employee who becomes an unassigned regular willcontinue to work the same hours and scheduled days theemployee worked immediately prior to becoming unassignedunless notified of a change in work schedule before expirationof the first 28 days after the date on which the employeebecame unassigned. Additional work schedule changes maybe made, provided that such change cannot be made effectiveuntil 180 days after the effective date of any previous change.C. Assignment of Unencumbered EmployeesAssignment of unencumbered employee(s) will be made within21 days of the duty assignment becoming residual (Article37.1)in accordance with the following:1. Any unencumbered employee(s) who becomesunencumbered for any reason will receive savedgrade (Article 37.4.C.6.a) if he/she voluntarily bidsto a lower level duty assignment(s) prior to orduring the involuntary assignments. Once anemployee is assigned to a same or higher level dutyassignment (Article 37.4.C.5) and notified in writingof an assignment this option of bidding a lowerlevel duty assignment will no longer be available.2. If there are sufficient same or higher levelvacancies, unencumbered employees shall beinvoluntarily assigned to same or higher levelvacancies in accordance with Article 37, Section4.C.5.3. If there are insufficient same or higher levelvacancies to accommodate assignment of allunencumbered employees, preference eligible187

Article 37.4.C.4employees will be placed first into the same orhigher level vacancies in accordance with Article37, Section 4.C.5.4. After placement of the unencumbered preferenceeligible employees, non-preference eligibleunencumbered employees will be placed inaccordance with Article 37, Section 4.C.5.5. To the Same or Higher Levela. Employees not encumbered in bid dutyassignments shall bid on duty assignmentsposted for bid. These employees shall beassigned to residual full-time dutyassignments in the same or higher salary levelfor which the employees meet the minimumqualifications. The assignments will be madein the following order:(1) Currently Qualified Employees.Offer residual assignments by seniority toemployees who are currently qualified onall of the requirements of a residualassignment. If an employee is qualifiedon two or more residual dutyassignments, the employee will be givenan option and be awarded their choicebased on seniority. If assignments remainunfilled for which there are currentlyqualified unencumbered employees,involuntarily assign these employees byseniority.(2) Partially Qualified Employees.Offer residual assignments by seniority toemployees who are qualified on at least188

Article 37.4.C.6.aone, but not all, of the requirements of aresidual assignment. If an employee ispartially qualified on two or more residualduty assignments, the employee will begiven an option and be awarded theirchoice based on seniority. If assignmentsremain unfilled for which there arepartially qualified unencumberedemployees, involuntarily assign theseemployees by seniority.(3) Employees Not Currently or PartiallyQualified.Involuntarily assign employees, startingwith the senior employee. When there ismore than one residual vacancy, theemployees will be given an option and beawarded their choice based on seniority.b. Unencumbered clerks who are detailed tononbargaining positions are considered to beunavailable for assignment in accordance witha. above.6. To a Lower Levela. Lower-level residual vacancies that still existafter application of 4.C.5 above will be offeredto unencumbered employees and theirpreference shall be honored by seniority. Thenassign unencumbered employees by inverseseniority to lower-level residual full-timeassignments. If an unencumbered preferenceeligible employee is reached when assigningemployees to lower level duty assignments inaccordance with this Section (4.C.6):189

Article 37.4.C.6.a.(1)(1) The most junior non-preference eligiblesame level Clerk Craft employee in theinstallation shall be reassigned to thelower level vacancy.(2) The unencumbered preference eligibleemployee will then be assigned to theduty assignment previously occupied bythat junior non-preference eligibleemployee.(3) Any employee reassigned to a lower levelduty assignment shall receive savedgrade.b. An employee who receives saved grade underthis Section (4.C.6.a) will receive saved gradeas follows:(1) Employees who receive saved gradeunder this Section (4.C.6.a) will not berequired to bid or apply for vacancies intheir former wage level for a period of twoyears from the time they occupy thelower level duty assignment.(2) After the two year period, employees willbe expected to bid or apply to formerlevel duty assignments for which they arequalified or may become qualified byentering a scheme deferment period.(3) If no employee in the saved grade statusbids or applies to the former level dutyassignments, the junior employee(s) inthe saved grade status will have theirsaved grade taken away.190

Article 37.4.D(4) An employee in saved grade status whobids or applies for a former wage levelduty assignment and is declared thesenior bidder but fails to qualify, will losesaved grade protection. No more thanone employee in the saved grade statusgroup will have saved grade taken awayfor each former level duty assignmentposted.7. a. An employee who was not hired from amachine register and who has notsubsequently passed machine training maynot be involuntarily assigned to a machineduty assignment regardless of salary level.This provision does not prohibit the Employerfrom making a job offer to an unencumberedemployee in the same level.b. An employee hired from a machine registerwho has not qualified on a particular machineskill (e.g., letter sorting machine, flat sortingmachine) may not be involuntarily assigned toa duty assignment requiring that machine skilluntil all unencumbered employees who havequalified on that machine skill have beenassigned.8. Full-time employees are assigned only to full-timeresidual vacancies.D. Identification of Newly Established Duty AssignmentsWhen the number of full-time regular Clerk Craft dutyassignments in an installation is less than the number offull-time Clerks, a full-time employee remaining unencumberedfor a period of 120 calendar days shall demonstrate the need191

Article 37.5to post the newly established full-time regular duty assignmentin accordance with Article 37.3.A.1.a.This process shall continue until all unencumbered Clerkseligible to be assigned have successfully bid or been assignedto duty assignments.Exceptions: Any full work or paid leave weeks (40 hours) duringwhich unencumbered Clerks are: 1) detailed to non-bargainingpositions; 2) identified as impacted under the provisions ofArticle 12.5.C (excluding 12.5.C.4); or 3) medically unsuitablefor assignment, shall not be included when establishing this120 day period.Section 5. Conversion/Part-Time Flexible PreferenceA. General Principles1. The Employer will maintain a single merged parttimeflexible roll.2. Part-time flexible employees shall be converted tofull-time in the manner set forth in this section.3. When an opportunity exists for conversion to avacant full-time Clerk Craft duty assignment,employees shall, in accordance with this section,exercise a preference(s) as to the dutyassignment(s) they desire to be converted intobased on their standing on the part-time flexibleroll.4. Part-time flexible employees who have exercised apreference and fail to qualify shall not bedischarged or disciplined as a result of such failure.5. Part-time flexible preferencing under Section 5 willoccur within 28 days after the application ofSection 4.C, Assignment of Unencumbered192

193Article 37.5.A.10Employees, unless such vacancies are beingwithheld pursuant to Article 12.6. Normally, the senior part-time flexible stating apreference will be placed into training within 10calendar days.7. When a part-time flexible employee is identified ascurrently qualified or successfully completes thetraining for a stated preference, the employeeshould be converted to full-time and placed in theduty assignment within 28 days except in themonth of December. Management should release apart-time flexible Mark-up Clerk, Automated assoon as possible, but for replacement trainingpurposes may delay the employee’s release to thatduty assignment for up to 180 days after beingidentified as senior for conversion or training. Thisdelay in placement does not alter the employee’snormal conversion at the appropriate time.8. If an opportunity for conversion is to a bestqualified full-time Clerk Craft duty assignment, thesuccessful applicant shall be converted.Applications from part-time flexible employeesshall not be considered if sufficient (equal orgreater in number than available duty assignments)full-time employees meeting the minimumqualifications apply.9. Part-time flexible employees who express apreference may not withdraw from the assignmentor from training except as specifically provided forin 10. below.10. A part-time flexible employee in training for a statedpreference who is converted to full-time, eitherpursuant to Article 7, Section 3.A or due to being

Article 37.5.Bcurrently qualified on another assignment, shallhave the option of either remaining in training forthe stated preference or withdrawing from training.B. Preference Requirements/Eligibilities1. Employees are required to state a preference forduty assignments for which they are currentlyqualified at the same or higher level, even if they arein training for another stated preference. A Mark-upClerk, Automated is not required to state apreference for non-Markup Clerk, Automated dutyassignments.2. Employees are not required to state a preferencefor duty assignments for which they are notcurrently qualified or are at a lower level.3. When stating preferences, employees must list allduty assignments for which they received trainingand are currently qualified ahead of any dutyassignment for which there is no qualifying training.4. While in training for a stated preference, employeesmay not state a preference for any other dutyassignment for which they are not currentlyqualified.C. Procedures. When there are one or more full-time dutyassignment(s) to be filled by conversion, the conversions shallbe made by the following procedures, in the following order:1. Match the number of duty assignments to be filledwith the identical number of senior part-timeflexibles on the roll who are eligible to state apreference on the duty assignment(s).2. Convert and place any currently qualified part-timeflexibles on the above list. Any part-time flexibles194

Article 37.5.C.7who are currently qualified on two or more of theavailable duty assignments shall be given a choice,in order of their standing on the part-time flexibleroll, provided their choice would not reduce thenumber of currently qualified employees who couldbe matched and converted to full time.3. If any duty assignments remain unfilled, takepreferences from all part-time flexibles who passedthe required entrance examination, in order of theirstanding on the part-time flexible roll.4. For each duty assignment, place the senior parttimeflexible who stated a preference for thatassignment into the assignment if currentlyqualified. If not currently qualified, place thatemployee into training for that assignment. Uponsuccessful completion of the training, convert andplace the employee into the assignment.5. If the senior part-time flexible fails to qualify orwithdraws pursuant to A.10 above, convert andplace the next currently qualified part-time flexible.6. If there are no remaining currently qualified parttimeflexibles for a duty assignment, the seniorpart-time flexible hired from the appropriateregister and who is not in training for anotheropportunity will be assigned and placed intotraining.7. PTF’s may not be involuntarily assigned to a lowerlevel or to a duty assignment requiring a skill (suchas typing, shorthand, etc.) for which they are notcurrently qualified.195

Article 37.6Section 6. Anti-Fatigue MeasuresA. The subject of fatigue as it relates to the safety andhealth of an employee is a proper subject for the considerationof the Joint Labor-Management Safety Committee as providedin Article 14 of the National Agreement. The Employer willcontinue to furnish adjustable platform stools for periods ofsustained distribution as heretofore.B. The feasibility of a study of seating devices, includingseats with back supports, for the purpose of improving uponand eventually replacing the equipment termed “adjustableplatform stools” heretofore supplied, as “sit-stand” devices is aproper subject for determination by the National Labor-Management Committee.Section 7. Scheme CommitteeA. The Employer agrees to having as part of the NationalLabor-Management Committee, a labor-managementsubcommittee on schemes for the consideration of appropriatematters relating to schemes.B. Subject to any criteria established in the future by theNational Labor-Management Committee, local level schemecommittees will continue operation as presently constituted.C. There shall be no annual or periodic schemeexaminations.Section 8. Computerized Forwarding SystemThe application of a rotation system for the ComputerizedForwarding System and the subject of fatigue as it pertains tothe Computerized Forwarding System will be consistent withthe requirements of the applicable provisions of thisAgreement.(See Memo, page 391)196

Section 9. Listing of Key and Standard PositionsArticle 38.2.BThe Employer will continue to furnish to the Union at thenational level copies of key and standard positions includingqualification standards in the Clerk Craft.ARTICLE 38MAINTENANCE CRAFTSection 1.Section 2.Section 3.Section 4.Section 5.Section 6.Section 7.IntroductionDefinitionsSeniorityPostingSelection MethodsTrainingSpecial ProvisionsSection 1. IntroductionAll craft positions assigned to the Maintenance Craft shall beunder the jurisdiction of the Maintenance Craft Division of theAmerican Postal Workers Union, AFL-CIO. The Employer willfurnish to the Union at the national level copies of key andstandard position descriptions, including qualificationstandards in the Maintenance Craft.Section 2. DefinitionsA. Maintenance Craft. All employees in maintenance craftpositions for which the Union has secured recognition at thenational level.B. Installations. A main post office, airport mail center orfacility, terminal, bulk mail center, processing and distributioncenter or facility, Maintenance Support and Repair Facility orany similar organizational unit under the direction of one postal197

Article 38.2.Cofficial, together with all stations, branches and othersubordinate units.C. Duty Assignment. A set of duties and responsibilitieswithin a recognized occupational group and level regularlyscheduled during specific hours of duty.D. Preferred Duty Assignment. A duty assignmentpreferred over the present duty assignment by an employeeeligible to bid for such duty assignment when it is posted forbid. This bidding is done among qualified employees in thesame level and occupational group as the vacant dutyassignment.E. Service Seniority. Service Seniority is based on totalpart-time or full-time service in the Maintenance Craft,regardless of occupational group and level. It begins with anappointment to the regular part-time or full-time work force inthe Maintenance Craft. An exception is a part-time regularemployee who is converted to a full-time regular positionbegins a new period of service seniority. Employees who wereon the rolls before May 1, 1958, who had temporary orindefinite appointments, which continued to careerappointments, retain seniority credit for combined temporary,indefinite and career employment which was continuous in thesame position designation and installation.F. Installation Seniority. This seniority is computed fromentry into the maintenance craft in the installation. It continuesto accrue so long as service in the maintenance craft andinstallation is uninterrupted.G. Seniority for Preferred Assignments. This senioritydetermines relative standing among regular work forceemployees eligible to bid for preferred assignments.1. Employees who enter into a regular work forceposition in a particular occupational group and level198

Article 38.3.Aprior to June 25, 1992, shall have seniority forpreferred assignments computed from entry intoregular work force position in a particularoccupational group and level. It continues toaccrue so long as service in the same occupationalgroup and level, and installation is uninterrupted.See section 5.A.3. of this Article for order ofplacement on preferred assignment registers.2. Employees who enter into a regular work forceposition in a particular occupational group and levelon or after June 25, 1992, shall use installationseniority for preferred assignments. See section5.A.3. of this Article for order of placement onpreferred assignments registers.H. Occupational Group. In the Maintenance Craft,occupational group shall be determined by positiondesignation and level.I. Arbitrary. The word arbitrary, when used in Article 38,shall mean a management initiated, non-disciplinaryreassignment of an employee.Section 3. SeniorityA. IntroductionThe U.S. Postal Service and the Maintenance Craft Division,APWU, AFL-CIO, agree to the following seniority principleswhich replace all former rules, instructions and practices. ThisSection of this Article will continue relative seniority standingsproperly established under past instructions, rules, andregulations. Provisions of this Section of this Article shall be soapplied in determining those relative seniority standings.199

Article 38.3.BB. CoverageThis Seniority Section applies to all regular work forceMaintenance Craft employees when it is necessary for fillingvacant assignments and for other purposes. No employeesolely by reason of this Article shall be displaced from anassignment he/she gained in accordance with former rules.C. ResponsibilityThe installation head is responsible for day-to-dayadministration of seniority. The application of this Article shallbe open to negotiations at the installation level with thedesignated agent of the Union.D. Seniority ListsA current seniority list shall be posted in each installation. Acopy of an updated seniority list shall be furnished quarterly tothe local Union. For each employee, it shall show:1. Service seniority.2. Seniority for preferred assignments.3. Installation Seniority.E. Loss of Seniority1. Employees who change from one craft to anothershall begin a new period of seniority for preferredassignment.2. Change from one postal installation to another;except as specified under F and I below, willrequire the start of a new period of seniority forpreferred assignment.200

Article 38.3.F.5F. Restoration of Service Seniority, Seniority forPreferred Assignments, and Installation SeniorityExcept as provided in Article 12, Section 2.B, seniority isrestored as if service had been continuous upon:1. Reemployment after Disability Separation. Onreinstatement or reemployment after separationcaused by disability, retirement, or resignationbecause of personal illness and the employee sostated this reason in the resignation and furnishedsatisfactory evidence for inclusion in theemployee’s personnel folder, the employeereceives seniority credit for past service for time onthe disability retirement or for illness if reinstated orreemployed in the same installation and in thesame salary level from which separated; providedapplication for reinstatement or reemployment ismade within six months from the date of recovery.The date of recovery in the case of disabilityretirement must be supported by notice of recoveryfrom the Compensation Group, Office of PersonnelManagement, and in the case of resignation due toillness by statement from the applicant’s attendingphysician or practitioner.2. Restoration in the same installation after militaryduty.3. Restoration to the employee’s former position inthe same installation after unwarranted orunjustified separation.4. Involuntary reassignment to another installation.5. Arbitrary change in the same installation to a lowerPS level to the position designation and level fromwhich promoted.201

Article 38.3.GG. Reduction of Seniority for Preferred Assignments1. If, prior to June 25, 1992, an employee wasvoluntarily or for disciplinary reasons changed to alower salary level in the same installation and thesalary level was in the same occupational groupand level from which promoted, seniority isestablished as the employee’s former period ofseniority without credit for employment in any otherhigher level or levels.2. If the change was to a lower salary level in the sameinstallation and the level was other than theoccupational group from which promoted, whetherthe change was for voluntary, arbitrary ordisciplinary reasons, seniority is established as oneday less than the junior regular work forceemployee in that level and occupational group orthe employee’s own seniority, whichever is lesser, ifthe employee was changed to a lower salary levelprior to June 25, 1992.3. If the change to a lower salary level occurs on orafter June 25, 1992, seniority for preferredassignments shall be determined in accordancewith section 2.G.2 of this Article. See section 5.A.3of this Article for order of placement on preferredassignment registers.H. Seniority Granted by LawEmployees who are restored to postal duty in compliance withlaw or regulation after military training or extended military dutylose no seniority.I. Change in Which Seniority is ModifiedThe seniority for Maintenance Craft employees who arereassigned between installations as the result of a mutual202

Article 38.3.K.2exchange in accordance with applicable provisions of theEmployee and Labor Relations Manual will be established forboth employees as that of the junior employee involved.J. Seniority for Breaking TiesWhen it is necessary to determine the seniority ranking for twoor more employees in the Maintenance Craft, the followingshall be used to break any tie that might exist:1. Maintenance Craft Installation Seniority2. Maintenance Craft Service Seniority3. Total Maintenance Craft Service4. Total Postal Career Service5. Total Postal Service6. Total Federal Career Civilian Service7. Numerical by the last 3 or more numbers (usingenough numbers to break the tie, but not fewerthan 3 numbers) of the employee’s social securitynumber, from the lowest to highest.Tie breakers are applied in order until the tie is broken.Employees excessed into the Maintenance Craft under theprovisions of Article 12 shall begin a new period of seniority.K. Excess Employees1. Installation Seniority governs in identifying excessemployees within an occupational group and level.2. Employees excessed to lower level under Article 12into or remaining in the Maintenance Craft shallreceive saved grade. Employees receiving savedgrade are required to request placement on203

Article 38.3.K.3promotion eligibility registers in their former higherlevel.3. When applying Article 12.5.C.5.a.(5), the firstopportunity to return to the Maintenance Craft shallbe to the first same or lower level duty assignmentwhich remains vacant after the in-craft process forposting and filling duty assignments and for whichthe excessed employee is qualified.4. When applying Article 12.5.C.5.b.(6), aMaintenance Craft employee can exercise theirretreat right to any same or lower level dutyassignment which remains vacant after the in-craftprocess for posting and filling duty assignments intheir former installation and for which the excessedemployee is qualified. Failure to exercise suchretreat right results in the employee forfeiting futureretreat rights to the occupational group and levelfor which the retreat was declined.5. If return or retreat to the craft, under 3 or 4 above,is to a lower level duty assignment, the employeeshall receive saved grade.Section 4. Posting(See Memo, page 411)A. In the Maintenance Craft all vacant duty assignmentsshall be filled as follows:1. a. When a vacant or newly established dutyassignment is to be filled, the Employer shallpost for a period of seven calendar days, anotice of intent that the duty assignment willbe filled using the appropriate preferredassignment selection register and/orpromotion eligibility register, except for newly204

Article 38.4.A.1.cestablished positions as defined in Article 1,Section 5. Such positions shall be posted asthey are created and assigned to the craft unit.A copy of the notice of intent shall befurnished to the local Union.b. When newly established positions as definedin Article 1, Section 5, are created in aninstallation or when an established position,for which no promotion eligibility register hasbeen created, is added in an installation, theEmployer shall post a notice on all officialbulletin boards soliciting applicants forinclusion on the promotion eligibility register.The notice shall be posted for thirty (30)calendar days. The employees who apply willreceive the results of their application(s) nolater than one hundred fifty (150) days fromthe closing date of the application period,provided the applications have been properlycompleted by the applicants. Within fourteen(14) days of the date of the receipt of thepromotion eligibility register results, a notice ofintent to fill the position shall be posted andthe position filled in accordance with theprovisions of Article 38.c. In addition, any employee on sick leave or offsitetraining on the day of posting shall befurnished a copy of any applicable notice ofintent. Employees absent for annual leave whohave requested in writing, stating their mailingaddress, shall have a copy of any applicablenotice of intent mailed to them.205

Article 38.4.A.22. All vacant duty assignments shall be posted bynotice of intent within 30 days from when vacancyoccurs. If a duty assignment has not been postedwithin 30 days, the installation head or designeeshall advise the Union in writing as to the reasonsthe duty assignment is being withheld. If a vacantassignment is reverted, a notice shall be postedwithin 10 days advising of the date of thereversion and the reasons therefore.3. If the current approved staffing package nolonger supports continuation of a vacant dutyassignment(s) that duty assignment may bereverted, provided it is not being withheld. Theunion will be notified within 10 days advising ofthe date of the reversion(s) and the reasonstherefore.4. When it is necessary that fixed scheduled day(s) ofwork in the basic work week for a craft assignmentbe permanently changed, or that the starting timefor such an assignment be changed by 2 or morehours, the affected assignment(s) shall bereposted, by notice of intent. An exception to therequirement to repost an assignment where thechange in starting time is 2 or more hours may benegotiated locally. If the incumbent in theassignment has more seniority for the preferredassignment than the senior employee on thepreferred assignment eligibility register for those offdays or hours, the employee may remain in theduty assignment, if the employee so desires.5. The determination of what constitutes a sufficientchange of duties or principal assignment areas, tocause the duty assignment to be reposted shall bea subject of negotiations at the local level.206

Article 38.5.A.1B. Place of PostingThe Employer agrees to post on an appropriate bulletin boardthe registers of eligible employees when such registers areestablished.C. Information on Notice of Intent1. The duty assignment by position title and number(e.g., key, standard, or individual position).2. PS salary level.3. Hours of duty (beginning and ending).4. The principal assignment area (e.g., section and/orlocation of activity).5. Qualification standards, including occupationalcode numbers when such standards and numbersare available.6. The fixed or rotating schedule of days of work.7. Physical or other special requirements unusual tothe specific assignments.8. Duty assignment(s) identified for reversion orchange (the bidding process will stop when oneof the identified duty assignments is vacated).Section 5. Selection MethodsA. Preferred Assignment1. The Employer will maintain and/or establishpreferred assignment selection registers. Duringthe first fourteen days in January of each year anotice advising the employees of the opportunity tosubmit changes in preferred assignment selectionsshall be posted on all official bulletin boards at the207

Article 38.5.A.2installation, including stations and branches, toassure that it comes to the attention of allemployees eligible to submit forms.2. The employee shall indicate preference(s) innumerical order for any vacancy that may occurduring that year, including tours and days off thatthey prefer over their current duty assignment.Change in preferred assignment selections shall besubmitted on or before January 31. If requested, anemployee will be allowed to review the preferredassignment registers and the employee’s ownpreferred assignment selection form(s). If theemployee does not submit a change in preferredassignment selections during this period, existingpreferred assignment selections shall continue.3. Newly established or vacant duty assignments shallbe filled by senior employees on the appropriatepreferred assignment registers. The relativestanding for employees on the appropriatepreferred assignment register shall be:a. employees by preferred assignment senioritywho entered a particular occupational groupand level in an installation prior to June 25,1992, followed byb. employees by preferred assignment senioritywho entered a particular occupational groupand level in an installation on or after June 25,1992.4. All vacant or newly established craft dutyassignments shall be filled from a preferredassignment register established on the basis ofassignment selection forms submitted byMaintenance Craft employees.208

Article 38.5.A.75. Where a vacant or newly established dutyassignment cannot be filled from an establishedpreferred assignment register, and the assignmentis to be filled by means of a promotion, selectionshall be made from the appropriate promotioneligibility register.6. An employee may submit a new or amendedpreferred assignment selection form in thefollowing situations:a. the employee is promoted;b. the employee’s duty assignment is eliminated;c. the duty assignment would result in theemployee being assigned closer to theemployee’s place of residence;d. because of substantiated medical or healthreasons whereby continuation in theemployee’s present assignment would beharmful;e. three times during each calendar year, anemployee may submit additional preferredassignment selection forms. The timesselected for submitting the additionalpreferred assignment selection forms shall beat the option of the employee.7. When a part-time regular employee submits apreferred assignment form for a full-time regularposition within the employee’s salary level andoccupational group, the employee will be awardedthe vacant duty assignment before promoting afull-time employee from a lower salary level andoccupational group, or before any lateral transfer,209

Article 38.5.A8providing that the part-time regular is senior to thefull-time employee in the lower level.8. Any unassigned employee who fails to submit apreferred assignment selection form, or who fails tobe awarded a duty assignment of his choosing maybe assigned to any vacant duty assignment.9. Employees shall be notified in writing, within 15calendar days of entering the Maintenance Craft inan installation, that they have 30 days in which toapply for and be placed on the appropriatepreferred assignment register.10. After all employees within an occupational groupand level have been assigned pursuant to a noticeof intent, consideration for filling the residualvacancy will be given to a higher level qualifiedemployee who has previously submitted a writtenrequest for assignment to a lower level.11. An employee who is listed on the appropriateregister for a vacant assignment shall have the rightto withdraw a preferred assignment or promotionselection, in writing, at any time, but not later thanthe closing time (hour and date) for the posting ofthe notice of intent. Such withdrawal, to beeffective, should be back-stamped.B. Promotions1. The Employer shall continue to maintain all existingpromotion eligibility registers established under themaintenance selection system to be used for thepurpose of filling vacancies in particularoccupational groups and levels. A promotioneligibility register shall be established for eachoccupational group and level for which there is a210

Article 38.5.B.4.aposition existing or newly authorized in aninstallation. Registers established under themaintenance selection system remain in effectthroughout the life of this Agreement. Promotioneligibility registers developed by other than themaintenance selection system shall remain in effectuntil such time as new registers are established bya new maintenance selection system.If two or more maintenance occupational groupsexist in an installation or in an installation where anemployee is domiciled, a promotion eligibilityregister (PER) offering promotional opportunity forthose occupational groups must be established inthat installation.Part-time regular employees are placed on the PERbelow full-time regulars.2. All positions in the Maintenance Craft shall be filledon the basis of seniority (senior qualified usinginstallation seniority) in accordance with theprocedures established in Section 5, Article 38.3. Lateral transfers, that is, transfers in the same level,but to a different occupational group shall bedetermined in the same manner as promotions.4. When an occupied position is upgraded on thebasis of duties which are added to the position:a. The incumbent will remain in the upgraded jobprovided the incumbent has been in that jobfor more than one year. The year of requiredincumbency in the job begins when the duty orduties were added which permitted the job tobe reranked.211

Article 38.5.B.4.bb. The job will be awarded in accordance withthe Agreement if the incumbent has not beenin the job more than one year since the datewhen the duty or duties were added whichlater permitted the job to be reranked.5. To fill a vacant duty assignment a notice of intentwill be posted to fill the vacancy and all residualvacancies using the preferred assignment eligibilityregisters and/or promotion eligibility registers, asnecessary.6. Employees shall be notified in writing within15 calendar days of entering the Maintenance Craftin an installation, that they have 30 days in whichthey may request to be placed on the appropriatepromotion eligibility registers. The employees whoapply will receive the results of their application(s)no later than one hundred fifty (150) days from thesubmission date of the application, provided theapplications have been properly completed by theapplicants.7. Every three years, during the month of March,beginning with March 1, 2009, maintenance craftemployees who are not on a promotional eligibilityregister(s), may apply for inclusion on theappropriate promotional eligibility register(s).Notification will be posted on the bulletin board onor before March 1st of the open season year. Theemployees who apply will receive the results oftheir application(s) no later than one hundred fifty(150) days from March 31, provided theapplications have been properly completed by theapplicants.212

Article 38.5.B.8.b8. a. The Employer will convert to banded scores allachieved scores for maintenance craftpositions and will list all successful applicantsfor such positions on promotional eligibilityregisters in order of their banded scores. Todetermine the successful applicants’ bandedscores, the Employer will apply fixed 5-pointbands to successful applicants’ achievedscores of 70.1 and above and fixed 2-pointbands to candidates’ achieved scores below70.1. For scores of 70.1 and above, the fixed5-point bands will be:95.1 – 10090.1 – 9585.1 – 9080.1 – 8575.1 – 8070.1 – 75For scores below 70.1, the fixed 2-point bandswill be 68.1-70, 66.1-68, 64.1-66, 62.1-64, etc.The Employer will convert all achieved scoreswithin each band to the highest score withinthat band. For example, all achieved scoresbetween and including 70.1 and 75 willbecome banded scores of 75.b. Where the achieved score is calculated withrespect to a 200-point range, the score shallbe divided by two before applying the bandingprinciples in section 5.B.8.a. of this Article.Where the achieved score is calculated withrespect to any other range that is not a 100-point range, the score shall be converted in asimilar fashion.213

Article 38.5.B.8.cc. The provisions in Section 5.B.8.a andSection 5.B.8.b above do not apply toemployees under the RevampedMaintenance Selection System. Theemployer will convert all employees’achieved scores into banded scores asindicated below and all employees who aredetermined to be eligible under theRevamped Maintenance Selection Systemshall be ranked on the appropriate PER bytheir banded score. All achieved scoreswithin a listed band will be considered as atie (or the same score) for all successfulapplicants within each specific band.90.0 – 100.080.0 – 89.975.0 – 79.970.0 – 74.9d. Where the application of the foregoingbanding rules creates ties among successfulapplicants, the Employer will rank tiedsuccessful applicants in the seniority orderspecified in Article 38.3.J. of the NationalAgreement.C. Successful Applicant(s)1. Within 8 days after the closing of the original noticeof intent to fill a vacancy, the installation head shallpost a notice stating the successful applicant andthe applicant’s seniority date.2. The successful applicant shall be placed in the newassignment within 14 days after the announcementof the successful applicant. Normally, the214

215Article 38.5.Dsuccessful applicant shall work the dutyassignment as posted.3. An exception to 1 and 2 above shall be when thenotice of intent has stated that promotion iscontingent upon satisfactory completion of training.In these cases, within 14 days the applicant shallbe reassigned as an unassigned regular in his/hercurrent occupational group and level. Theemployee shall be placed in a detail assignment onthe tour and non-scheduled days in theoccupational group and level of the dutyassignment for which the training is intended. Forthe duration of the detail assignment, the employeewill be treated as if promoted to that position. Uponsatisfactory completion of the required training orone (1) year from the date detailed, whicheveroccurs first, the employee shall be declared thesuccessful applicant and promoted with a preferredassignment seniority date determined according toSection 2.G.2. of this Article.4. In the event the employee fails to completesatisfactorily the required training discussed inparagraph 3, the employee shall remain as anunassigned regular in his/her current occupationalgroup and level.D. Promotion Eligibility UpdateEmployees under the Revamped Maintenance SelectionSystem shall be permitted to update by retaking the incraftRMSS process no earlier than 120 days from thegeneration of their last MSS rating. This is applicable toboth eligible and ineligible ratings obtained under anycurrent or previous MSS process. Upon such employeeupdate request, the employer shall have thirty-seven (37)days to complete the process including notification of the

Article 38.6result to the employee. The promotion eligibility register shallnot be updated during the period of time a vacant position is inthe process of being filled. Employees shall be listed on thisregister in order of qualifications, and all positions forpromotion shall be awarded in accordance with theprocedures established in Section 5, Article 38.Section 6. TrainingA. Maintenance Training1. All Maintenance Craft job training opportunities willbe offered first to the senior qualified volunteerwithin the occupational group, level and tour wherethe need for the skills exists. The Employer maychoose not to select a volunteer who has attendedtraining for 6 or more weeks during the previous12 months.2. As soon as approved training allocations arereceived at the installation, advance written noticeswill be published soliciting volunteers. A list ofthose volunteers shall be posted and a copyfurnished to the local Union.3. Only when there are no qualified volunteers asprovided for in 1 above, will involuntary selectionsbe made for training. Involuntary selections will bemade by inverse seniority.4. Employees selected for off-site training will begiven as much advance notice as is reasonablypossible. Additionally, two (2) weeks notice will begiven.5. Upon completion of a job training course of two (2)or more weeks duration, which includes mailprocessing equipment maintenance as part of its216

217Article 38.7.Acurriculum, an employee may be required to remainin the duty assignment for which the training wasintended for a period of six (6) months. For a jobtraining course of three (3) or more weeks duration,the employee may be required to remain in the dutyassignment for a period of nine (9) months. For ajob training course of six (6) or more weeksduration, the employee may be required to remainin the duty assignment for a period of twelve (12)months. The above applies unless:a. the employee advances to an assignment inhigher level;b. the duty assignment is eliminated;c. because of substantiated medical or healthreasons whereby continuation in theassignment would be harmful to theemployee; ord. the employee has been required to remain inthe duty assignment(s) for twelve (12)cumulative months during the life of thisAgreement.6. The Union, at the national level, will be furnishedannually a copy of the yearly allocation of trainingbillets.Section 7. Special ProvisionsA. ToolsThe Employer will provide adequate tools, tool kits, andequipment on a charge-out basis to those employees whorequire such items for the performance of their assignedfunction. Where the Employer determines the tools areobsolete, such tools will be recalled and removed from the

Article 38.7.Bemployee’s accountability. Under no circumstances will theemployee be required to use personal tools and equipment.Where necessary, the Employer will provide training on the useof required tools and equipment.B. OvertimeAn overtime desired list in the Maintenance Craft shall beestablished for each occupational group and level.C. Relief Assignments1. When management determines that work coverageis necessary, relief assignments in the MaintenanceCraft may be established only to provide coveragefor absences of five working days or more forscheduled annual leave, sick leave, military leave,court leave, employee requested leave without pay,and national off-site and on-site, or contractorsupplied training programs.2. Relief assignments, which shall be kept to aminimum, will be posted by a notice of intentwhich, in addition to the information required inSection 4.C (Information on Notice of Intent), willalso show the days and hours of the specific dutyassignment(s) being relieved.D. Full-time regular and part-time regular MaintenanceCraft employees are entitled to bid on the positions ofExamination Specialist SP 2-188 and Vehicle Operations-Maintenance Assistant SP 2-195.E. Non-Bargaining Position DetailMaintenance employees temporarily detailed to a nonbargainingunit position are ineligible to accept any promotionor preferred duty assignment(s) while so detailed. However,nothing contained herein shall be construed to preclude such218

Article 38.7Etemporarily detailed employees from voluntarily terminating anon-bargaining unit detail and returning to their craft position.Upon return to their craft position, such employees are eligibleto accept any promotion or preferred duty assignment(s) forwhich they have properly bid.The duty assignment of a full-time maintenance employeedetailed to a non-bargaining unit position, including a nonbargainingunit training program, in excess of four (4) monthsshall be declared vacant and shall be posted and filled inaccordance with the provisions of this Article. Upon return tothe Maintenance Craft, the employee will become anunassigned regular.An employee detailed to a non-bargaining unit position mustreturn to the craft for a minimum of one continuous pay periodto prevent circumvention of the intent of this provision. In theinstance of the first paragraph, this circumventionprovision must be met prior to the date of posting theaward notice of successful applicant. In the instance of thesecond paragraph, this circumvention provision mustbegin prior to the end of four (4) months.Form 1723, Notice of Assignment, shall be used in detailingemployees to temporary non-bargaining unit positions. Theemployer will provide the Union at the local level a copy ofForm(s) 1723 showing the beginning and ending time and dateof all such details.Employees detailed to non-bargaining unit positions are notentitled to outside of schedule overtime (premium).219

Article 39ARTICLE 39MOTOR VEHICLE CRAFTSection 1.Section 2.Section 3.SeniorityPostingSpecial ProvisionsSection 1. SeniorityA. Introduction1. The U.S. Postal Service and the Motor Vehicle CraftDivision, APWU, AFL-CIO, agree to the followingseniority principles which replace all former rules,instructions and practices.2. This Article continues relative seniority standingsproperly established under past instructions, rules,practices and agreements and this Article shall beso applied. Seniority standings so established shallnot be changed except to correct an error. If anemployee requests a correction of senioritystanding, it is the responsibility of the requestingemployee to identify and restate the specificinstructions, rule or practice in support of therequest.3. Service seniority is based on total part-time or fulltimeservice in the Motor Vehicle Craft regardless ofoccupational codes and levels. It begins with anappointment to the regular work force in the MotorVehicle Craft.B. Seniority for Preferred Assignments1. This seniority determines relative standing amongfull-time regular and full-time flexible employeeseligible to bid for preferred assignments. It is220

Article 39.1.B.4.bcomputed from entry into a regular work forceposition in a particular occupational group andlevel. It continues to accrue as long as service inthe same occupational group, level, and installationcontinues. See B.5 and B.6 below.2. Employees who change, or have changed, fromone designation to another and who duringcontinuous employment in the Motor VehicleService and in the same installation return to theformer position designation and salary level regainthe seniority they had in that position, withoutseniority credit for intervening employment in otherposition designations, except as provided for inparagraphs 4, 5 & 6 below.3. Except as specifically provided for elsewhere in thisAgreement, full-time regulars, upon entering theMotor Vehicle Craft from another craft orinstallation, begin a new period of seniority.4. When two or more employees in the sameinstallation, salary level, and position designationhave seniority for preferred assignments from thesame date, the tie will be broken as follows:a. By standing on the part-time flexible roll whenboth were appointed as a part-time flexible inthe same installation, position designation,and salary level.b. By total length of full-time regular or part-timeflexible Motor Vehicle Service in theinstallation if the tie is not broken by thepreceding rule.221

Article 39.1.B.4.cc. By total career Motor Vehicle Service time inthe USPS if the tie is not broken by thepreceding rule.d. When a Motor Vehicle Service employee’sPSE appointment is converted to a careerappointment the same day there is a newcareer appointment, reinstatement,reassignment, transfer or promotion to thesame salary level and position designation, theconverted employee is senior and precedesthe other on the full-time regular roll.e. When two or more employees from othercrafts enter the Motor Vehicle Craft on thesame date, their seniority will be determinedby their total continuous postal service.f. If the provisions of a. through d. above do notbreak the tie, then the tie will be broken byusing the last three or more numbers (usingonly enough numbers to break the tie, but notfewer than three numbers) of the employees’social security numbers, from lowest tohighest.5. Seniority is restored under the followingconditions:a. Reemployment After Disability Separation.On reinstatement or reemployment afterseparation caused by disability, retirement orresignation because of personal illness andthe employee so stated in his resignation andfurnished satisfactory evidence for inclusion inhis personnel folder, the employee receivesseniority credit for past service for the time onthe disability retirement or for illness if222

Article 39.1.B.5.creinstated or reemployed in the same postalinstallation and craft and in the same or lowerPS salary level from which originallyseparated; provided application forreinstatement or reemployment is made withinsix months from the date of recovery. The dateof recovery in the case of disability retirementmust be supported by notice of recovery fromthe Bureau of Retirement Insurance andOccupational Health, Office of PersonnelManagement, and in the case of resignationdue to illness, by a statement from theapplicant’s attending physician or practitioner.Where the reinstatement would have been tothe part-time flexible roll, standing on the fulltimeregular roll shall be the same as ifemployment had not been interrupted by theseparation.b. Restoration. On restoration in the same craftin the same installation after return frommilitary service, transfer under letter ofauthority or unjust removal, an employee shallregain the same seniority rights suchemployee would have if not separated.c. Reassignment and Return in 90 Days. A fulltimeregular voluntarily reassigned from onecraft to another or from one occupationalcode to another within the motor vehicle craftat the same installation with or without changein PS salary level, who is voluntarilyreassigned within 90 days back to the formercraft, position designation, and salary level, oroccupational code within the motor vehicle223

Article 39.1.B.6craft retains seniority previously acquired inthe craft augmented by the interveningemployment.6. Automotive Mechanics, Automotive Techniciansand Lead Automotive Technicians (Level 9 & 10)a. The seniority of the Level 7 AutomotiveMechanics and Level 8 AutomotiveTechnicians in the installation will be mergedinto one seniority list for preferredassignments.b. Vacant Level 8 Automotive Technician dutyassignments will be filled on the basis ofsenior qualified among the Level 7 AutomotiveMechanics, who are qualified as PS-8Automotive Technicians and Level 8Automotive Technicians in the installation. Thefilling of vacant PS-7 Automotive Mechanicduty assignments will be on a senior qualifiedbasis from the PS-7 Automotive Mechanicsand PS-8 Automotive Technicians in theinstallation. For PS-7 and 8 residualvacancies, the selection method will be bestqualified from any other position.c. The seniority of the Level 9 Lead AutomotiveTechnicians and Level 10 Lead AutomotiveTechnicians (AG) in the installation will bemerged into one seniority list for preferredassignments.d. Filling Level 9 Lead Automotive Technicianand Level 10 Lead Automotive Technician(AG) positions will be senior qualified fromLevel 9s and 10s. For PS-9 and 10 residual224

225Article 39.1.B.7.evacancies, the selection method will be bestqualified from any other position.e. Employees bidding pursuant to Article39.2.A.7, may bid only those dutyassignments that have the same positiondesignation.7. Motor Vehicle Operators and Tractor-TrailerOperators:a. Full-time regular tractor-trailer operatorsbidding for PS-8 tractor-trailer assignmentsshall be assigned before posting any vacantlevel 8 assignment for bids by full-time regularlevel 7 operators.b. Remaining PS-8 tractor-trailer assignmentsshall be filled by promoting the senior qualifiedPS-7 motor vehicle operator who bids.c. A PS-8 tractor-trailer operator may bid incompetition with a PS-7 motor vehicleoperator for a PS-7 motor vehicle operatorassignment.d. Seniority for preferred assignments is retainedupon change from a motor vehicle operator toa tractor-trailer operator, or the reverse.e. For purposes of conversion to careeremployment, PSE Motor Vehicle Operators(MVO) will be placed together with PSETractor-Trailer Operators (TTO) on the sameroll. When the opportunity for conversion to avacant TTO position exists, the TTO qualifiedPSE, with the highest standing on the roll,regardless of level, will be converted andplaced into the vacant full-time position. When

Article 39.1.B.8the opportunity for conversion to a vacantMotor Vehicle Operator position exists, andthe PSE, with the highest standing on theroll, is a Motor Vehicle Operator, he/she willbe converted and placed into the position. Ifthe PSE, with the highest standing on theroll, is a Tractor-Trailer Operator, he/she willbe given the option of accepting theconversion. If the conversion is declined, thenext PSE, with the highest standing on theroll, will be converted (if the employee is aMotor Vehicle Operator) or will be given theoption (if the employee is a Tractor-TrailerOperator). This procedure will continue untilthe position is filled or until all PSEs on the listhave been considered.8. Motor Vehicle Operations New in Installation. Inan installation which has had no motor vehicleoperations assignment, any such newly establishedmotor vehicle operator or tractor-trailer operatorassignments shall be awarded to qualified vehiclemaintenance service applicants who are employedin the same installation. The provisions ofArticle 12, Section 5.C.7, shall be complied withbefore application of this paragraph.9. When tractor-trailer assignments are established,motor vehicle operators who are not qualified todrive tractor-trailers, will be given on-the-clocktraining, starting with the senior motor vehicleoperator.10. When filling Motor Vehicle Craft assignments otherthan those identified in 2.A.11 below, the serviceseniority of Motor Vehicle Craft employees whosubmit an application and meet the qualification226

Article 39.1.C.3standards established for that position will beconsidered in keeping with the provisions ofArticle 33.11. Auxiliary garages beyond the normal commutingarea of the home Vehicle Maintenance Facility shallbe treated as independent facilities for thepurposes of administering this Agreement, exceptfor the application of the provisions of Article 1,Section 6; Article 7, Section 3; and Article 8,Section 8.12. Changes in Which Seniority is Modified. Mutualexchanges may be made only between full-timeMotor Vehicle Service employees who are thesame level and have the same occupational code.The seniority for Motor Vehicle Craft employees,who are reassigned between installations as aresult of a mutual exchange in accordance withapplicable provisions of the Employee and LaborRelations Manual (ELM), will be established for bothemployees as that of the junior employee involved.C. Definitions1. Position Designation. In the Motor Vehicle Craft,position designation shall be determined byoccupation code and level.2. Craft Group. The craft group is composed of thosepositions for which the Union has securedrecognition at the national level.3. Application. A written request by a full-time MotorVehicle Craft employee for consideration for anassignment for which such employee is not entitledto submit a bid.227

Article 39.1.C.44. Bid. A written request submitted to the installationhead to be assigned to a duty assignment by a fulltimeMotor Vehicle Craft employee eligible to bidon a vacancy or newly established dutyassignment. In offices where alternative biddingprocedures have been established, bids, exceptthose in 39.2.A.6 & 7, may be submitted, at theemployee’s option, by telephone or electronically.5. Duty Assignment. A duty assignment is a set ofduties and responsibilities within recognizedpositions regularly scheduled during specific hoursof duty.6. Preferred Duty Assignment. Any assignmentpreferred by a full-time regular.7. Eligible Bidder. Full-time Motor Vehicle Craftemployees are eligible to bid only within the MotorVehicle Craft in the same installation, salary level,and position designation (except as specificallyprovided for in Section 2.A.10). When there are nosuccessful bidders from the position designation ofthe vacant assignment, the assignment shall befilled in accordance with Section 2.A.10.8. Abolishment. A management decision to reducethe number of occupied duty assignments in anestablished section and/or installation.(See Memo, page 414)9. Residual Vacancy. A duty assignment thatremains vacant after the completion of thevoluntary bidding process.228

Article 39.1.G.2D. Excess EmployeesLength of full-time regular (service seniority) in the MotorVehicle Craft in the same installation governs in identifyingexcess employees within a position designation.E. ResponsibilityThe installation head is responsible for day-to-dayadministration of seniority. The application of this Article shallbe open to negotiation at the installation level with the Union.F. Seniority ListA current seniority list shall be posted in each installation. Acopy of the updated seniority list shall be made available to thelocal Union. For each employee, it shall show:1. Service Seniority2. Seniority for preferred assignmentsG. Transfer From Other Installation1. When it is proposed to open a new facility, prior toManagement hiring new employees in the MotorVehicle Craft, all requests for transfer of MotorVehicle Craft employees from other installationsshall be given first consideration.2. Consideration will be given for transfers to fill MotorVehicle Craft vacancies at established installationsto those qualified employees requesting transfers,where it has been determined, that no employeesqualified to bid, or desiring the position areavailable at the completion of the posting period.229

Article 39.1.HH. Multi-Craft PositionsAll level 6 and 7 full-time regular Motor Vehicle Craftemployees are eligible to bid for the positions of ExaminationSpecialist (SP 2-188) and Vehicle Operations—MaintenanceAssistant (SP 2-195).I. Vacation SchedulingFull-Time Regular motor vehicle operators may exercise theirpreference by use of their seniority for vacation scheduling.J. Temporary HolddownsConsistent with the following provisions, unassigned full-timeregular and full-time flexible Tractor-Trailer Operators (SP 5-22;PS-8) and Motor Vehicle Operators (SP-10; PS-7) may, inseniority order, exercise a preference for an assignmenttemporarily vacant for an anticipated duration of ten (10) daysor more.1. The employees utilizing their seniority to select atemporary holddown assignment as above, shallwork that assignment for its duration unless: theyare otherwise assigned to a permanent dutyassignment; it is clearly demonstrated that theemployee cannot perform the assignment; theassigned work being performed by a PSE inaccordance with the above is needed to provide afull-time employee work to satisfy the 8-hour workguarantee; or unless that individual is otherwiseneeded to fill a vacant assignment for which thereare no qualified employees.2. The assignment for which employees exercise apreference must be (a) one for which they arequalified, (b) at the unit to which the employee isassigned, and (c) for full-time employees, on thesame tour to which they are assigned. Employees230

Article 39.2.A.4on detail, holddown, absent and/or on any type ofleave at the time of the temporary holddownbidding will be considered as being unavailable.3. The posting and awarding of temporary holddownbids shall not exceed 72 hours.4. All present and existing procedures for fillingtemporarily vacant motor vehicle assignments atthe local level are automatically negated in favor ofthe foregoing holddown procedure.Section 2. PostingA. Vacant Motor Vehicle Craft duty assignments shallbe posted as follows:1. All vacant or newly established craft dutyassignments shall be posted or reverted within28 days. When an assignment is reverted, a noticeshall be posted immediately, indicating the actiontaken and the reason therefor. The local Union shallbe given a copy of the notice.2. When it is necessary that fixed scheduled day(s) ofwork in the basic work week for a craft assignmentbe permanently changed, the affectedassignment(s) shall be reposted.3. The determination of what constitutes a sufficientchange of duties, or principal assignment area, tocause the duty assignment to be reposted shall bea subject of negotiation at the local level.4. No assignment will be posted because of change instarting time unless the change exceeds two hours.Whether to post or not is negotiable at the locallevel, if it exceeds two hours.231

Article 39.2.A.55. An unassigned full-time employee may bid on dutyassignments posted for bid by employees in thecraft. If the employee does not bid or is theunsuccessful bidder, such employee shall beassigned in any residual duty assignment within thesame position designation. When there is morethan one residual vacancy, the vacancies shall beoffered to the unassigned full-time employeesbeginning with the senior employee and theirpreference shall be honored. If additional vacanciesstill exist after all available full-time regulars havebeen assigned to residual vacancies, full-timeflexible employees will be assigned to suchvacancies in the same manner as provided above.If there are more unassigned full-time employeesand/or full-time flexible regular employees thanvacancies, seniority will be honored for preferencesand involuntary assignments will be made byjuniority, if necessary.6. When requested by the Union, all full-time regularMotor Vehicle Operations, Tractor-Trailer Operatorand Vehicle Operations Assistant-Bulk Mail craftassignments shall be posted for bid once eachcalendar year.7. All full-time regular Motor Vehicle MaintenanceCraft duty assignments may be posted for bid onceeach calendar year upon mutual agreementbetween the parties at the local level. Absent suchlocal agreement, Motor Vehicle Maintenance Craftduty assignments shall be posted for bid everysecond calendar year, when requested by theUnion.232

Article 39.2.A.98. Employees bidding pursuant to 6 or 7 above, maybid only those duty assignments that have thesame position designation.9. Motor Vehicle Craft employees temporarily detailedto a non-bargaining-unit position may not bid onvacant motor vehicle craft duty assignments whileso detailed. However, nothing contained hereinshall be construed to preclude such temporarilydetailed employees from voluntarily terminating anon-bargaining-unit detail and returning to theircraft position. Upon return to the craft position,such employees may exercise their right to bid onvacant motor vehicle craft duty assignments. Theduty assignment of a full-time motor vehicle craftemployee detailed to a non-bargaining-unitposition, including a non-bargaining-unit trainingprogram in excess of four months shall be declaredvacant and shall be posted for bid in accordancewith this Article. Upon return to the craft, theemployee will become an unassigned regular. Amotor vehicle craft employee temporarily detailedto a non-bargaining-unit position will not bereturned to the craft solely to circumvent theprovisions of Section 2.A.10. An employeedetailed to a non-bargaining unit position mustreturn to the craft for a minimum of onecontinuous pay period. Form 1723, Notice ofAssignment, shall be used in detailing motorvehicle craft employees to temporary nonbargaining-unitpositions. The Employer willprovide the Union at the local level with a copy ofForm(s) 1723 showing the beginning and ending ofall such details. Employees detailed to nonbargaining-unitpositions are not entitled to out-ofschedulepremium.233

Article 39.2.A.1010. Residual vacancies for the following positions areto be filled by the senior qualified bidder, from theappropriate position(s) as herein indicated. Exceptfor Motor Vehicle Operator and Tractor-TrailerOperator assignments, total service seniority in theMotor Vehicle craft will be used by employeeswhen bidding to assignments in a different positiondesignation.a.PositionTire Repairman, 5-53,PS-6Tractor-Trailer Operator,SP 5-22, PS-8Tools and Parts Clerk,SP 1-31, PS-6Clerk, VehicleDispatcher,SP 5-10, PS-6Time & Attendance Clerk,SP 1-29, PS-6Storekeeper AutomotiveParts, SP 5-46, PS-7Storekeeper AutomotiveParts, SP 5-47, PS-8Vehicle OperationsAssistant-Bulk Mails,SP 5-66, PS-8To be filled by SeniorQualifiedGarageman, KP 9, PS-5Motor Vehicle Operator,KP 10, PS-7All Motor Vehicle CraftEmployeesMotor Vehicle Operator,KP 10, PS-7Tractor-Trailer Operator,SP 5-22, PS-8All Motor Vehicle CraftEmployeesAll Motor Vehicle CraftEmployeesAll Motor Vehicle CraftEmployeesTractor-Trailer Operator,SP 5-22, PS-811. When the opportunity for conversion to a residualfull-time vacancy exists, the PSE, within the sameoccupational group and grade as the vacancy, with234

235Article 39.2.D.2the highest standing on the roll, will be convertedto career employment and placed into theassignment (except as provided in Article39.1.B.7.e). If there is no PSE in the sameoccupational group and grade, the residualvacancy shall be filled by other means.B. Place of Posting1. The notice inviting bids for a craft assignment shallbe posted on all official bulletin boards at theinstallation where the vacancy exists, where vehicleoperations and/or maintenance employees work soas to assure that it comes to the attention of allemployees eligible to submit bids. Copies of thenotice shall be given to the Union. When an absentemployee has so requested in writing, andprovided a personal mailing address, a copy of anynotice inviting bids from the craft of the employeeshall be mailed to the employee by the installationhead.2. Posting and bidding for preferred duty assignmentsshall be installation-wide without exception.C. Length of PostingThe notice shall remain posted for 10 calendar days, unless adifferent length for the posting period is established by localnegotiation.D. Information on NoticesInformation shall be as shown below and shall be specificallystated:1. The duty assignment by position title and number(e.g., key, standard, or individual position).2. PS salary level.

Article 39.2.D.33. Hours of duty (beginning and ending).4. The principal assignment area (e.g., section and/orlocation of activity).5. Qualification standards, including ability to drivecertain types of vehicles such as tractor-trailer andoccupational code number when such standardsand numbers are available.6. Physical requirement unusual to the specificassignment.7. Invitation to employees to submit bids.8. The fixed or rotating schedule of days of work, asappropriate.9. Motor vehicle and tractor-trailer route numbers (acopy of the schedule should be made available tointerested employees).10. All bids in the Motor Vehicle Craft are to besubmitted first by Motor Vehicle Craft employeeson a standard bid form. If such bid form is notavailable, a bid submitted in writing is acceptable.In those offices where alternative bid procedureshave been established, bids (except in 39.2.A.6 &7), may be submitted at the employee’s option bytelephone or electronically. An employee who hassubmitted a standard bid form or written bid maywithdraw the bid at any time before the closingdate and/or time of posting, provided thewithdrawal is submitted in writing and is backstamped.Bids submitted through alternativebidding procedures may be withdrawn before theclosing date utilizing the automated procedures.236

Article 39.3.BE. Successful Bidder1. Within 10 days after the closing date for the posting(including December), the installation head shallpost a notice stating the successful bidder and hisseniority date. The senior qualified bidder meetingthe qualification standards established for thatposition shall be designated the “successfulbidder.”2. The successful bidder must be placed in the newassignment within 21 days except in the month ofDecember. The local agreement may set a shorterperiod.3. Normally, the successful bidder shall work the dutyassignment as posted.Section 3. Special ProvisionsA. The Employer will provide adequate tools, tool kits, andequipment on a charge-out basis to those employees whorequire such items for the performance of their assignedfunctions. The Employer will seek the advice of the Union atthe national level in determining adequacy and/orobsolescence of the tools to be provided. Where tools aredetermined to be obsolete they will be recalled and removedfrom the employee’s accountability. Replacement tools may bepurchased locally by the Fleet Manager, who will seek theadvice of the local Union in determining the adequacy of thetools to be furnished.B. In the interest of safety and health and other appropriateconsiderations, properly certified national representatives ofthe Union will be given an opportunity to examine andcomment on new type vehicles during the developmentalstage. If the Union has any concerns as a result of the FirstArticle Testing (FAT), the Union shall state those concerns in237

Article 39.3.Cwriting to the employer within 14 days of the conclusion of theFAT. The employer shall respond in writing to the Union’sconcerns as soon as practicable. This process involves onlyFAT.C. Any time that tool kits or lockers of employees are to beinspected, the Employer agrees that, except in matters wherethere is reasonable cause to suspect criminal activity, asteward or the employee shall be given the opportunity to bepresent at any inspection of employees’ lockers. For a generalinspection where employees have had prior notification of atleast a week, the above is not applicable.D. All motor vehicle craft positions listed in the P-1Handbook, designated to the motor vehicle craft, shall beunder the jurisdiction of the Motor Vehicle Division of theAmerican Postal Workers Union, AFL-CIO.E. When filling details to bargaining unit work in the MotorVehicle Craft the Employer shall give first consideration to theassignment of available and qualified motor vehicle craftemployees from the immediate work area in which the detailexists.F. Employees eligible for night differential who participatein on-the-clock training will be paid the applicable differentialthey would have earned for service normally scheduledbetween 6 p.m. and 6 a.m. had they not been temporarilyrescheduled by management to attend such training.G. To improve the comfort level in existing U.S. PostalService bulk mail hauling and service vehicles, directional fanswill be installed in the driver compartment during the life of thecollective-bargaining agreement.H. Training for motor vehicle maintenance employees willbe provided on a fair and equitable basis in accordance withservice needs. First consideration will be given to those238

Article 40.1.Aemployees who volunteer for such training. Employees shall begiven no less than 14 days advance notice of scheduled offsitetraining. Employees may volunteer for off-site training withless than 14 days advanced notice.I. All hiring announcements for TTO positions will beposted on the official bulletin board at the installation wherethe vacancy exists, where vehicle operations and/ormaintenance employees work. Such announcements will beposted until the closing date specified in the announcement forsubmitting applications.J. The union, at the national level, will be allowed “readonly” access to the automated enrollment system for thevehicle maintenance training billets.ARTICLE 40OPERATING SERVICES CRAFTSection 1.Section 2.Section 3.Section 4.Section 5.Section 6.Section 7.Section 8.DefinitionsSeniorityEmployee ClassificationPrinciples of PostingAdvancement OpportunitiesPrinciples of ReassignmentTraining and ExaminationsGeneral ProvisionsSection 1. DefinitionsA. Craft Group. The bargaining unit, as identified inArticle 1, is composed of those positions for which theUnion has secured exclusive recognition at the Nationallevel. The Operating Services Craft covers bargaining unit239

Article 40.1.Bemployees at Operating Services, Headquarters andFacility Services, Merrifield, VA.B. Seniority. Seniority for preferred assignments, andfor other purposes as set forth in this Agreement,determines the relative standing among full-time regularemployees in the bargaining unit in each of theinstallations. Seniority of newly appointed employees willbe computed from the last date of hire in each of therespective installations and continue to accrue so long asservice is uninterrupted except as otherwise specificallyprovided by the provisions of this Agreement or by law.C. Duty Assignment. A duty assignment is a set ofduties and responsibilities within a recognized positionregularly scheduled during specific hours of the workday.D. Preferred Duty Assignment. A preferred dutyassignment is any assignment preferred by a full-timeregular employee.E. Bid. A bid is a written request by a full-time regularemployee who is eligible to bid on a vacancy or newlyestablished duty assignment. Such requests shall besubmitted to the supervisor where the vacancy exists.Section 2. SeniorityA. Introduction1. The U.S. Postal Service and the APWU, AFL-CIO, agree to the following seniority principleswhich replace all former rules, instructions, andpractices, if any.2. This Article will continue relative senioritystandings properly established under pastinstructions, rules and practices and the Articleshall be so applied. If an employee requests a240

B. CoverageArticle 40.2.Dcorrection of seniority standing, it is theresponsibility of the requesting employee toidentify and restate the specific instructions,rule or practice in support of the request.These rules apply to all employees in the regularwork force when a guide is necessary for fillingvacant assignments and for other purposes in eachinstallation as set forth in this Article. No employee,solely by reason of this Article, shall be displacedfrom an assignment the employee gained in accordwith former rules. These rules shall apply to bothinstallations where the Union has exclusivebargaining rights; however, separate seniority listsshall be maintained and the seniority list of oneinstallation shall not be combined with, or added to,the seniority list of the other installation.C. ResponsibilityThe Employer is responsible for day-to-dayadministration of seniority. The Employer shall poston the official bulletin boards in each installation andfurnish the Union a copy of the current seniority listupon the signing of this Agreement. The Employershall post an updated seniority list on the officialbulletin boards in each installation and furnish theUnion with an updated list on the anniversary date ofthe signing of this Agreement. The application of thisArticle shall be a proper subject of discussion at thejoint Labor-Management Committee meetings.D. Changes in Which Seniority is Retained, Regained orRestored241

Article 40.2.EOn reinstatement or reemployment after separationcaused by disability, retirement, or resignationbecause of personal illness and the employee sostated this reason in the resignation and furnishedsatisfactory evidence for inclusion in the employee’spersonnel folder, the employee receives senioritycredit for past service for time on the disabilityretirement or for illness if reinstated or reemployedin the same installation and in the same salary levelfrom which originally separated; providedapplication for reinstatement or reemployment ismade within six (6) months from the date of recovery.The date of recovery in the case of disabilityretirement or disability separation must besupported by notice of recovery from theCompensation Group, Office of PersonnelManagement or the Office of Workers’Compensation Programs, respectively; and in thecase of resignation due to illness, by a statementfrom the applicant’s attending physician orpractitioner.E. Changes in Which Seniority is LostExcept as specifically provided elsewhere in thisArticle, an employee begins a new period ofseniority:1. Upon reinstatement or reemployment.2. Upon voluntary transfer into the bargaining unit.3. Upon a mutual exchange between twoemployees.4. Upon transfer between the two installations.242

Article 40.2.F.2.bF. Filling Positions Reevaluated in the Bargaining Unit1. When an occupied job assignment is upgradedon the basis of the present duties:a. The incumbent will remain in the upgradedjob assignment provided the incumbenthas been in that job assignment for morethan one (1) year.b. The job assignment will be posted for bid inaccordance with the Article if theincumbent has not been in the jobassignment for more than one (1) year.2. When an occupied job assignment is upgradedon the basis of duties which are added to thejob assignment:a. The incumbent will remain in the upgradedjob assignment provided the incumbenthas satisfactorily performed the addedduties for more than one (1) year. The one(1) year of required incumbency in the jobassignment begins when the duty or dutieswere added which permitted the jobassignment to be reranked.b. The job assignment will be posted for bid inaccordance with the Agreement if theincumbent has not been in the jobassignment more than one (1) year sincethe date when the duty or duties wereadded which later permitted the jobassignment to be reranked.243

Article 40.3Section 3. Employee ClassificationThe Employer shall staff the bargaining units as defined inArticle 1 of this Agreement with full-time employees andPostal Support Employees (PSEs) as deemed necessary tocarry out the mission of the U. S. Postal Service.A. Full-time employees shall be hired pursuant to suchprocedures as the Employer may establish and shall beassigned to work schedules consisting of five (5) eight (8)hour days in a service week.B. The PSE workforce shall be comprised of noncareerbargaining unit employees. In the Operating Services Craft,the total number of PSEs used will not exceed 10% of thetotal number of career Operating Services Craftemployees.(See Memo, Postal Support Employees, page 279)Section 4. Principles of PostingA. Newly established and vacant duty assignmentsinvolving a change in starting time or off-days shall beposted as follows:1. All newly established duty assignments shall beposted within ten (10) days for full-time regularemployees eligible to bid. All vacant dutyassignments shall be posted within thirty (30)days after they occur unless such vacant dutyassignments are reverted.2. If a vacant duty assignment has not been postedwithin thirty (30) days, local management shalladvise the Union in writing of the reason theposition is being withheld and the anticipatedlength of time such position will remain vacant.Unless mutual agreement is reached on an244

245Article 40.3.Bextended withholding period, local managementshall periodically advise the Union as to thereasons for withholding a vacancy.If the vacant assignment is reverted, a noticeshall be posted within ten (10) working daysadvising of the action taken and the reason(s)therefor.3. When it is necessary that fixed scheduled day(s)of work in the basic workweek for a dutyassignment be permanently changed, theaffected assignment shall be reposted.4. It is agreed that the Employer is not required torepost a position unless at least fifty percent(50%) of the duties or fifty percent (50%) of theprincipal assignment area has been changed.5. No assignment will be posted because ofchange in starting time unless the changeexceeds two (2) hours. If, during the life of thisAgreement, there are cumulative changes in thestarting time which exceed two (2) hours, theassignment may be reposted.6. Without exception, posting and bidding forpreferred duty assignments shall be byoccupational group and level, and shall berestricted to employees in the installation wherethe vacancy exists.B. Place of PostingThe notice inviting bids for an assignment shall beposted on the official bulletin boards in eachinstallation where the vacancy exists. Copies of thenotice shall be given to the Union. When anemployee on approved leave has so requested in

Article 40.3.Cwriting, stating his/her mailing address, a copy ofany notice inviting bids for which the employee iseligible shall be mailed to the employee.C. Length of PostingA notice shall remain posted for ten (10) calendardays, unless it is mutually agreed by the parties atthe local level to establish a different length of timefor the posting period.D. Information on NoticesInformation shall be as shown below and shall bespecifically stated:1. The duty assignment by position, title andnumber.2. Salary level.3. Hours of duty (beginning and ending).4. The principal assignment area.5. Qualification standards and occupational codenumber when such standards or code number isavailable.6. Unusual physical requirements.7. Invitation to employees to submit bids.8. The fixed days of work.9. All bids shall be submitted in writing on astandard bid form provided by the Employer andshall be date stamped upon receipt.10. In instances where more than one dutyassignment is posted for which the employee iseligible to bid, the employee may indicate246

Article 40.5.Apreferences on the bid form. An employee, whohas submitted a bid, shall have the right towithdraw in writing, anytime before the closingdate of the bid. Such withdrawal, to be effective,shall be backstamped by the Employer.E. Successful Bidder1. Within ten (10) days after the closing date of thebid, local management shall post a noticestating the successful bidder and seniority date.The senior qualified bidder meeting thequalification standards established for theposition shall be designated the “successfulbidder.”2. The successful bidder must be placed in thenew assignment as soon as practicable, but nolater than fifteen (15) days from the date of theannouncement of the successful bidder.3. Normally, the successful bidder shall work theduty assignment as posted. Unless unusualcircumstances exist (and the Union is advised),employees will not be required to work inanother installation except on a voluntary basis.However, the parties understand that OperatingServices employees may be assignedtemporarily to work at Headquarters relatedfacilities in the area.Section 5. Advancement OpportunitiesA. General PrinciplesThe Employer agrees to place particular emphasisupon career advancement opportunities. Firstopportunity for promotions shall be given to qualified247

Article 40.5.Bcareer employees. The Employer will assistemployees to improve their own skills throughtraining and self-help programs.B. Craft PromotionsWhen an opportunity for promotion to a positionexists in either of the bargaining units as defined inArticle 1, an announcement shall be posted onofficial bulletin boards in each facility solicitingapplications from employees. If an employee is onapproved leave and has so requested in writing,stating his/her mailing address, a copy of theannouncement soliciting applications shall be mailedto the employee. If the employee is absent fortraining purposes, the announcement shall be mailedto the employee automatically.C. Best Qualified SelectionEmployees meeting the qualifications for theposition shall be given first consideration. The bestqualified applicant shall be selected for the position.Section 6. Principles of ReassignmentA. A primary principle in effecting reassignment ofexcess bargaining unit employees from OperatingServices, Headquarters, and the Facility Services,Merrifield, Virginia, of the Engineering Facility Services toother installations will be that dislocation andinconvenience to employees shall be kept to a minimum.Such reassignments shall be made in accordance with thisArticle.B. As far in advance as possible, the Employer will meetwith the Union to fully advise the Union concerning thereassignment. If the Union believes the reassignmentviolates this Article, the matter may be grieved.248

Article 40.7.A.2C. When employees are excessed out of the OperatingServices or the Facility Services, the Employer agrees thatevery reasonable effort will be made to reassign suchemployees to installations within the metropolitan area.The Memo Re: Minimizing Excessing applies to OperatingServices Craft employees.D. The Union shall be provided with a comparative workhour report forty-five (45) days, if possible, after theexcessing of such employees. If a review of the report doesnot substantiate that conditions warranted the actiontaken, such employee(s) shall be entitled to return. If theentitlement to return is denied, the employee(s) shall haveaccess to the grievance-arbitration procedure.Section 7. Training and ExaminationsA. Training1. Employer’s AssistanceThe Employer will assist employees to improvetheir own skills through training and self-helpprograms as were heretofore practiced.Opportunities for cross-training in otheroccupational groups shall be given, providedsuch training opportunities do not result inhigher level pay or overtime pay. The Employerwill make the determination of training needs. Inselecting participants for a training program,employees will be considered in terms of theselection prerequisite criteria established.2. Job Related TrainingAny job related training opportunities intendedto increase skills in current assignments will beoffered first to the senior qualified volunteer249

Article 40.7.A.3needing the training within the occupationalgroup, level and tour where the need for the skillexists.This provision does not preclude giving jobrelated training to new employees or toeliminate deficiencies of other employees.3. Developmental TrainingWhen it is determined to give developmentaltraining which provides an employee withadditional skills for potential promotion orreassignment, it will be first offered to qualifiedvolunteers meeting established prerequisitecriteria, if required.B. ExaminationsWritten examinations may be used as a factor indetermining qualifications for promotions or higherlevel assignments; however, written examinationswill not be the sole determining factor.Section 8. General ProvisionsA. Overtime1. When needed, overtime work shall be offered toqualified employees doing similar work.Overtime shall be on a voluntary basis wherepracticable and shall be offered on an equitablebasis.2. Article 8, Sections 1; 2.A,B,C; 4.A, B, F; 6; and 7of this Agreement apply to Operating ServicesCraft employees.3. Guarantees. An employee called in outside theemployee’s regular work schedule shall be250

Article 40.8.B.4guaranteed a minimum of four (4) consecutivehours of work or pay in lieu thereof where lessthan four (4) hours of work is available. Suchguaranteed minimum shall not apply to anemployee called in who continues working oninto the employee’s regularly scheduled shift.When an employee is called in on theemployee’s non-scheduled day, the employeewill be guaranteed four (4) hours work or pay inlieu thereof.When Management determines that operationalrequirements necessitate assigning a pager toan employee whom it may need to call at home,the employee will be paid one (1) hour at theemployee’s base straight-time rate for eachtwenty-four (24) hour period or fraction thereofduring which the pager is assigned.B. Choice Vacation1. The period from March 1 of the leave year to thelast day of that same leave year shall bedesignated as the choice vacation period.2. The Employer shall provide the Union with acopy of the publicized notice indicating thebeginning date of the new leave year.3. As soon after January 1 as practicable, theEmployer will meet with an officer of the Unionand provide the officer with a copy of theapproved vacation schedule.4. Except as provided in B.1-3 above, all otherprovisions of Article 10 of this Agreementapplies to the Operating Services Craft.251

Article 40.8.CC. Holiday Schedule1. The Employer will determine the number andcategories of employees needed from each tourfor holiday work and a schedule shall be postedas of the Wednesday preceding the serviceweek in which the holiday falls. As manyemployees as can be spared will be excusedfrom duty on a holiday or day designated astheir holiday. An employee scheduled to workon a holiday who does not work shall notreceive holiday pay unless such absence isbased on an extreme emergency situation andis excused by the Employer. Employees shall beselected for holiday work by tour, and in the firstinstance, on a voluntary basis. First preferenceshall be in the order of seniority by tour. Ifadditional employees are needed, junioremployees will be utilized first, by tour.2. Except as provided in C1 above, all otherprovisions of Article 11 of this Agreementapplies to the Operating Services Craft.D. Assignment of Ill or Injured Regular Work ForceEmployees1. ProcedureThe Employer and the Union recognize theirresponsibility to aid and assist deservingemployees of the regular work force who,because of illness or injury, are unable toperform their regularly assigned duties. Uponthe written request of an employee and whereconsistent with the efficient operation of theEmployer, the Employer shall make every effortto assign an employee, who, because of252

Article 40.8.D.1accident or illness, is unable to perform his/hernormal duties, to any available job for which theemployee is physically capable. An employeeshall be eligible for such assignment uponcertification from the employee’s physician, anda confirmation of such certification by aphysician selected by the Employer if theEmployer so requests. Such certification shallstate the nature of the illness and/or injury ofthe employee, the limitations on the employee’swork ability, a description of the work theemployee can perform, and a prognosis forrecovery.In the event of conflicting findings on theemployee’s physical capabilities by theemployee’s physician and the physicianselected by the Employer in cases not arisingout of an occupational illness or injury, theUnion may request the opinion of a thirdphysician. The third physician shall be selectedfrom a list supplied by the local Medical Societyof three (3) Board Certified Specialists in themedical field for the condition in question. TheEmployer and the Union will each strike onename from the list. The Employer will supply theselected physician with all relevant factsincluding the job descriptions and occupationalphysical requirements of the employee’s currentposition as well as any available job underconsideration. The third physician’sdetermination will be final as to the employee’smedical condition and occupational limitations.The costs of the services of the third physicianshall be shared by the Union and the Employer.253

Article 40.8.D.22. CompensationIn the event such temporary reassignment is toanother job, the employee’s pay rate shallremain the same for a period not to exceedthree (3) months.3. DurationAt the end of three (3) months in suchassignment, if the employee’s medicalprognosis is that the employee will not becapable of filling his/her old position withinthree (3) additional months, the employee maybe permanently assigned to the job he/she thenholds, or the employee may bid for any othervacancy without restriction as to pay level up toand including the employee’s old pay level inaccordance with Article 12.E. Grievance-Arbitration Procedure1. Appeals to Step 3 and Arbitration will be sent toHQ Labor Relations Service Center.2. Arbitrators will be selected from mutuallyestablished national, regional and expedited (asappropriate) arbitration panels to decidedisputes arising between the Employer and theUnion.3. Except as provided in E.1 and 2 above, all otherprovisions of Article 15 of this Agreement applyto the Operating Services Craft.F. ParkingThe Employer agrees that every effort will be madeto provide parking for employees covered by this254

255Article 40.8.H.2Article, utilizing the existing parking facilities and inaccordance with current parking regulations.G. DiscussionFor a minor offense, discussion in private shall be amethod of dealing with that offense. A discussion isa private matter between the supervisor and theemployee.1. The supervisor and the employee shall sign anddate a written statement which acknowledgesthe discussion and the reason(s) therefore.2. Except as provided in G1, all other provisions ofArticle 16 of this Agreement apply to OperatingServices Craft employees.H. Representation and Labor-Management Cooperation1. Two (2) stewards shall be compensated forattendance at meetings called by the Employerwhich concern contract application and whichare held during the stewards’ normal workhours.2. The Union party to this Article shall be entitledto Joint Labor-Management Committeemeetings with the Employer. These meetingsshall be held for the purpose of discussing andconsidering with management matters ofmutual concern. The Employer will compensatetwo (2) bargaining unit employees designated asthe representatives from the Union for actualtime spent in the meeting at their applicable rateproviding the time spent in such meeting is partof the employee’s regularly scheduled workhours. Meetings may be held quarterly or upon

Article 40.8.H.3request of either party. Neither party shallattempt to change, add to or vary the terms ofthis Article at these meetings.3. The Union may, through its certified stewardemployed by the Employer, solicit bargainingunit employees for membership in the Unionand receive Union dues from employees in nonworkareas of the Employer’s premises duringnon-work time, provided such activity is carriedout in a manner which does not interfere withthe orderly conduct of the Employer’soperation.4. Requests for information concerning mattersother than pending grievances should besubmitted in writing by a Union officer to LaborRelations, U. S. Postal Service Headquarters.5. Except as provided elsewhere in this Article orin G1-4 above, all other provisions of Articles 17and 31 of this Agreement applies to theOperating Services Craft.I. Rights of Union Officials to Enter Postal InstallationUpon reasonable notice to the head of OperatingServices, or Facility Services, or their designee, andat a mutually agreeable time, a duly authorized Unionofficial may be permitted to enter a specified area ofthe Headquarters building or Engineering FacilityServices for the purpose of performing and engagingin official Union duties and business related to thisCollective Bargaining Agreement. No Union officialmay enter any area of the Headquarters building orEngineering Facility Services without the expressconsent of management except as elsewhereprovided in this Article.256

Article 40.8.K.2There shall be no interruption of the work ofemployees due to such visits and such official shalladhere to the established security regulations.J. ToolsThe Employer will provide adequate tools, tool kits,and equipment on a charge-out basis asaccountable property to those employees whorequire such items for the performance of theirassigned function. Where the Employer determinesthat tools are obsolete, such tools will be recalledand removed from the employee’s accountability.The Employer shall have the right to assessemployees for tools or equipment due to theemployee’s misuse of such materials. Suchassessment shall be subject to the grievancearbitrationprocedure.Under no circumstances will the employee berequired to use personal tools and equipment.K. Subcontracting1. Statement of PrincipleThe Employer will give due consideration topublic interest, cost, efficiency, availability ofequipment, and qualifications and availability ofemployees when evaluating the need tosubcontract.2. Advance NoticeThe Employer will give advance notification tothe Union at the national level whensubcontracting which will have a significantimpact on bargaining unit work is beingconsidered and will meet with the Union while257

Article 40.8.Ldeveloping the initial Comparative Analysisreport. The Employer will consider the Union’sviews on costs and other factors, together withproposals to avoid subcontracting andproposals to minimize the impact of anysubcontracting. A statement of the Union’sviews and proposals will be included in theinitial Comparative Analysis and in any DecisionAnalysis Report relating to the subcontractingunder consideration. No final decision onwhether or not such work will be contracted outwill be made until the matter is discussed withthe Union.L. Work and/or Time Standards1. Meeting to Discuss Differences. Within areasonable time not to exceed ten (10) daysafter the receipt of such notice, representativesof the Union and the Employer shall meet for thepurpose of consulting and discussion withregard to any differences that may ariseconcerning such proposed work measurementsystems or work or time standards.2. Implementation of Change. If no agreement isreached within five (5) days after the meetingsbegin, the Employer may institute or changesuch systems or standards. The Union will be sonotified in writing. If, after receipt of suchnotification, it is necessary for a determinationby the Union as to whether any of the mattersdealt with in the notification are to be regardedby them as being in violation of the workmeasurement systems, the Union shall, afterreasonable notice to the Employer, be permittedthrough qualified representatives to make time258

Article 40.8.Mor work studies. If such studies are notcompleted prior to the Employer’s instituting thenew or changed system or standards, thestudies may, nevertheless, be completed. Thereshall be no disruption of operations or of thework of employees due to the making of suchstudies. Upon request, the Union representativeshall be permitted to examine relevant availabletechnical information necessary to complete theUnion’s study. The Employer is to be keptinformed during the making of such studies.3. Grievances on Changes. If, after the Employerinitiates a change, the Union believes there is aviolation of the fair, reasonable and equitablestandards, it is expressly understood that thematter is grievable.4. Except as outlined in L1-3 above, Sections A, Band C of Article 34 of this Agreement apply toOperating Services Craft employees.M. Administrative Leave (ACTS OF GOD)The President of the local Union will be notified assoon as practicable after the Manager, HeadquartersFacility Services, and Manager, AdministrativeServices, Merrifield, VA, determines that extremeemergency conditions exist which preventemployees from reporting for duty. Once employeeshave reported for duty, administrative leave shall begranted to all employees in the bargaining unit,except those who perform essential duties, on thesame basis as administrative leave is granted to nonbargainingunit employees at Headquarters orHeadquarters related units (Merrifield, VA).259

Article 40.8.NN. Policy on TelephonesThe parties recognize that telephones are for officialUSPS business. However, the Employer shallestablish a policy for the use of telephones for localcalls by designated Union stewards or local Unionofficers for legitimate business related to theadministration of the Agreement and grievancessubject to sound business judgment and practices.O. Inspection of LockersThe Employer agrees that, except in matters wherethere is reasonable cause to suspect activity whichis criminal, a steward or the employee shall be giventhe opportunity to be present at any inspection ofemployees’ lockers. For a general inspection whereemployees have had prior notification of at least aweek, the above is not applicable.P. Anti-Fatigue MeasuresThe subject of fatigue as it relates to the safety andhealth of an employee is a proper subject for theconsideration of the Joint Labor-ManagementCommittee as provided under Article 17 of thisAgreement.Q. Safety EquipmentAny safety equipment required by the Postal Serviceshall be furnished to the employees by the PostalService, but shall remain the property of the PostalService.260

Article 40.8.SR. Cleaning and Preventative Maintenance1. Cleaning CriteriaThe Employer agrees that the Headquartersbuilding and the Engineering Facility Services,U.S. Postal Service, shall be cleaned by utilizingU.S. Postal Service approved cleaning criteriasuch as those found in Handbook MS-47.2. Maintenance CriteriaThe Employer further agrees to maintain theHeadquarters building and the EngineeringFacility Services, U.S. Postal Service, utilizingUSPS approved building equipment andmechanical equipment maintenance criteriasuch as those found in Handbook MS-1.3. Discussions With UnionThe Employer agrees that, before deviating fromany of the applicable criteria, such deviationswill be discussed with the Union at the Nationallevel prior to implementation.S. Other Contract ArticlesTo the extent that there are inconsistencies betweenthe provisions of this Article and other Articles andMemos in this Agreement, the provisions of thisArticle will apply.261

Article 41ARTICLE 41MATERIAL SUPPORT CRAFTSection 1.Section 2.Section 3.Section 4DefinitionSeniorityPostingGeneral ProvisionsSection 1. DefinitionsA. Duty Assignment. A duty assignment is a set of dutiesand responsibilities within a recognized position regularlyscheduled during specific hours of duty.B. Preferred Duty Assignment. A preferred dutyassignment is an assignment preferred by a full-timeemployee.C. Bid. A written request submitted to the installation headto be assigned to a duty assignment by a full-time employeeeligible to bid.D. Application. A written request by an employee forconsideration for an assignment for which the employee is notentitled to submit a bid.E. Abolishment. A management decision to reduce thenumber of occupied duty assignment(s) in an establishedsection or installation.F. Reversion. A management decision to reduce thenumber of positions in an installation when such position(s) is/are vacant.G. Residual Vacancy. The position that remains vacantafter the completion of the voluntary bidding process.262

Article 41.2.CH. Conversion. The act of changing the status of a parttimeflexible employee to full-time by appropriate personnelaction (Form 50).Section 2. Principles of SeniorityA. Introduction1. The Employer and the Union agree to the followingseniority principles which replace all former rules,instructions, and practices.2. This Article will continue relative seniority standingsproperly established under past principles, rules,and instructions and the Agreement shall be soapplied. If an employee requests a correction ofseniority standing, it is the responsibility of therequesting employee to identify and restate thespecific instructions, rule, or practice in support ofthe request.B. CoverageNo employee, solely by reason of this Article shall bedisplaced from an assignment gained in accordancewith former rules.C. ResponsibilityThe installation head shall be responsible for theadministration of seniority. A current seniority list shallbe posted on official bulletin boards following theeffective date of this Agreement and a copy of theseniority list shall be furnished to the Union. Thereafter,changes to the seniority list shall be made only whenthey occur and a copy of such changes will be providedto the Union.263

Article 41.2.DD. Application of SeniorityAll bargaining unit employees in an installation shallconstitute, for seniority purposes, a single unit.1. Seniority for EmployeesThis seniority determines the relative standingamong full-time employees. Seniority for bargainingunit employees is computed from date of transferto, or appointment in the installation and continuesto accrue so long as service in the installation isuninterrupted, except as otherwise provided herein.2. Seniority Tie BreakerExcept as otherwise provided for in this Article,when it is necessary to resolve a tie in senioritybetween two or more Material Support Craftemployees, the following criteria shall apply in theorder set forth below:a) Total continuous postal career service in theMaterial Support Craft within the installation.b) Total postal career service in the MaterialSupport Craft within the installation.c) Total postal career service in the MaterialSupport Craft.d) Total postal career service within theinstallation.e) Total postal career service.f) Total postal service.g) Total Federal service as shown in the servicecomputation date.264

265Article 41.2.D.3.ch) Numerical by the last 3 or more numbers(using enough numbers to break the tie, butnot fewer than 3 numbers) of the employee’ssocial security number, from lowest to highest.3. Part-time Flexible Employeesa) Part-time flexible employees are placed on thepart-time flexible roll in the same manner asseniority is determined in Section 2.D.1 & 2above.b) Part-time flexible employees shall beconverted to full-time in the manner set forthin this section. When an opportunity forconversion to a Material Support Craftposition exists, the vacant assignment shall beposted for application to all part-time flexibleemployees assigned to the installation. Exceptfor those positions filled on a best qualifiedbasis, the senior applicant who meets theminimum qualifications of the vacant positionshall be converted to full-time and placed intothe vacant assignment within 28 days of beingidentified as the senior applicant who meetsthe minimum qualifications of the vacantposition.c) If the opportunity for conversion is to aposition filled on a best-qualified basis, theapplicant who best meets the qualifications ofthe position shall be converted and placedinto the vacant assignment. Applications frompart-time flexible employees shall not beconsidered if sufficient (equal or greaternumber than available assignments) full-timeemployees, meeting the minimumqualifications, apply.

Article 41.2.D.3.dd) The date of career appointment in theinstallation shall be used for vacationscheduling.E. Changes in Which Seniority is LostExcept as specifically provided elsewhere in thisAgreement, an employee begins a new period ofseniority:1. When the change is at the employee’s own requestfrom one installation to another;2. Upon reinstatement or reemployment;3. Upon transfer into the Postal Service from anyother Federal agency;4. Upon a mutual exchange between the employees;or5. Upon being excessed/surplused from an APWUbargaining unit into the MES or MDC except thatthe employee will retain his/her status of full-time orpart-time.F. Changes in Which Seniority is Retained, Regained orRestored1. Reemployment After Disability SeparationOn reinstatement or reemployment after separationcaused by disability, retirement or resignationbecause of personal illness and the employee sostated in the resignation and furnished satisfactoryevidence for inclusion in the personnel folder, theemployee receives seniority credit for past servicefor time on the disability retirement or for illness ifreinstated or reemployed in the same or lowersalary level, from which originally separated;266

Article 41.2.G.1provided application for reinstatement orreemployment is made within six (6) months fromthe date of recovery. The date of recovery in thecase of disability retirement must be supported bynotice of recovery from the Compensation Group,Office of Personnel Management and in the case ofresignation due to illness, by a statement from theapplicant’s physician or practitioner.2. RestorationOn restoration in the same installation after returnfrom military service, transfer under letter ofauthority, or unjust removal, an employee shallregain the same seniority rights as if not separated.3. Reassignment and Return in Ninety (90) DaysG. BiddingA career employee, voluntarily reassigned from oneinstallation to another with or without change insalary level and voluntarily reassigned within ninety(90) days to the former installation regains senioritypreviously acquired in the installation augmentedby intervening employment.1. All full-time positions, including higher levelpositions, shall be filled by a full-time employeewho is the senior qualified bidder meeting thequalification standards for the position except forthe following positions, which shall be filled on abest qualified basis:267

Article 41.2.G.1.aa. Mail Equipment ShopsPositionNumber Position TitleSP 7-3 Lockmaker (6)SP 7-64 Mail Equipment Shops Technician (10)SP 7-42 Machine Operator (A) (7)SP 7-40 Pressman (7)The position of Senior Lockmaker, SP 7-45,(level 6), will be filled on the basis of seniorqualified from the position of Lockmaker,SP 7-3, (level 5).b. Material Distribution CentersPositionNumberSP 7-29Position TitleMaintenance Mechanic General(Level 7)Customer Service Clerk (Level 7)When job vacancies occur in MaintenanceMechanic-General, SP 7-29; or CustomerService Clerk, employees occupying the samestandard position as the vacant position maybid for the vacancy on the basis of seniorqualified, except when the vacant assignmentis being considered for reversion or beingwithheld per Article 12.The residual vacancy will be posted forapplication unless the vacancy meets one ofthe exceptions in the preceding paragraph.268

269Article 41.2.G.32. The successful bidder selected on the basis ofsenior qualified, shall be placed in the dutyassignment for a period of up to and including thirty(30) calendar days, excluding days of absence onscheduled work days, for the purpose ofdemonstrating the required competency and abilityto perform the work. The Employer may, at anytime during the thirty (30) calendar day period,return the selected employee to the former positionwithout prejudice if it is determined the employeedoes not possess the required competency orability to perform the work. In the event theselected employee is returned to the formerposition during the qualifying period, the Employershall select another candidate for the position fromthe original bid list, if any, who meets the positionqualifications. A determination by the Employer todisqualify a selected employee for incompetency orinability to perform the work shall be subject to theprovisions of the grievance-arbitration procedure.3. Material Support craft employees detailed to a nonbargainingunit position may not bid or apply forvacant Material Support craft assignments while sodetailed. However, nothing contained herein shallbe construed to preclude such temporarily detailedemployees from voluntarily terminating a nonbargainingdetail and returning to their craftposition. Upon return to the craft position, suchemployees may exercise their right to bid or applyfor vacant craft duty assignments.The duty assignment of a full-time Material Supportcraft employee detailed to a non-bargaining-unitposition, including a non-bargaining-unit trainingprogram, in excess of 4 months shall be declaredvacant and shall be posted for bid in accordance

Article 41.2.Hwith this Article. Upon return to the craft, theemployee will become an unassigned regular. Anemployee temporarily detailed to a non-bargainingunitposition will not return or be returned to thecraft solely to prevent the employee’s assignmentfrom being posted for bid. Form 1723, Notice ofAssignment, shall be used in detailing craftemployees to temporary non-bargaining-unitpositions. The employer will provide the Union atthe local level with a copy of Form(s) 1723 showingthe beginning and ending of all such details.Employees detailed to non-bargaining-unitpositions are not entitled to out of schedulepremium.H. Special Benefits to Certain Veteran EmployeesEmployees whose names are within reach on an eligibleregister and who lost opportunity for career appointmentbecause of service in the military service after June 30,1950, who subsequently received career appointment,based on restored eligibility, and were granted thebenefits of Public Law 121 are entitled to seniority fromthe date the lower eligible on the same list of eligiblesreceived a career appointment.I. Filling Positions Reevaluated1. When an occupied position is upgraded on thebasis of the present duties:a. The incumbent will remain in the upgraded jobprovided the incumbent has been in that jobfor more than one (1) year.b. The job will be posted for bid in accordancewith this Agreement if the incumbent has notbeen in the job for more than one (1) year.270

Article 41.3.A.12. When an occupied position is upgraded on thebasis of duties which are added to the position:a. The incumbent will remain in the upgraded jobprovided the incumbent has been in that jobfor more than one (1) year. The year ofrequired incumbency in the job begins whenthe duty or duties were added whichpermitted the job to be reranked.b. The job will be posted for bid in accordancewith this Article if the incumbent has not beenin the job in accordance with 2.a. above.3. When Management places automatic equipment inan installation and an employee is assigned tooperate the equipment, the time the employeespends on this job before it is ranked andestablished shall be counted as incumbency in theposition for the purpose of being upgraded orassigned.Section 3. Principles of PostingA. Newly established and vacant duty assignmentsshall be posted as follows:1. All newly established duty assignments within thebargaining unit shall be posted for full-timebargaining unit employees eligible to bid withintwenty-eight (28) days. All vacant duty assignmentsshall be posted within twenty-eight (28) days unlesssuch vacant duty assignments are reverted orwhere such vacant duty assignment is beingwithheld pursuant to Article 12, Section 5.B.2. Theduties of a vacant assignment will not besegmented solely to avoid the posting or reversionof a vacant position.271

Article 41.3.A.22. When a vacant position is under consideration forreversion, the local union president will be given anopportunity for input prior to a decision. Thedecision to revert or not to revert the position shallbe made not later than twenty-eight (28) days afterit becomes vacant and if the vacant assignment isreverted, a notice shall be posted advising of theaction taken and the reasons therefore.3. When it is necessary that fixed scheduled day(s) ofwork in the basic work week for an assignment bepermanently changed, the affected assignment(s)shall be reposted.4. No assignment will be posted because of a changein starting time unless the change exceeds one (1)hour. Whether to post or not is negotiable at thelocal level if it exceeds one (1) hour.5. Change in duty assignment as specified below, willrequire reposting:a. A fifty percent (50%) change in actual dutiesto be performed.b. A change in principal assignment area whichrequires reporting to a different physicallocation, i.e., building, facility, etc., except theincumbent shall have the option to accept thenew assignment.6. The installation head shall establish a method forhandling multiple bidding on duty assignmentswhich are simultaneously posted.7. An employee may withdraw a bid on a postedassignment, if the withdrawal request is received inwriting prior to the closing date of the posting.272

273Article 41.3.D.38. An unassigned employee may bid on dutyassignments posted for bid. An unassignedemployee may be assigned to any vacant dutyassignment; however, if more than one (1) vacantduty assignment is available, the unassignedemployee shall be given a choice of assignmentbased upon the employee’s seniority provided,however, the employee is qualified to perform theduties and responsibilities of the assignmentselected.9. All bids are to be submitted on a standard bid form.In the absence of a standard bid form, a bidsubmitted in writing shall be accepted.B. Place of PostingBids for an assignment shall be posted on all officialbulletin boards at the installation where the vacancyexists. Copies of the notice shall be given to thedesignated Union representative. When an absentemployee has so requested in writing, providing amailing address, a copy of any notice inviting bids shallbe mailed to the employee by the installation head.Posting and bidding for preferred duty assignments shallbe installation-wide unless otherwise specified.C. Length of PostingThe notice shall remain posted for ten (10) days.D. Information on Notices1. The duty assignment (as defined above in Section1.A, if applicable) by position title and number, e.g.,key, standard or individual position.2. Salary level.3. Hours of duty (beginning, ending).

Article 41.3.D.44. The principal assignment area, e.g., section and/orlocation of activity.5. Qualification standards and occupational codenumber.6. Physical requirement(s) unusual to the specificassignment (heavy lifting, etc.).7. Invitation to employees to submit bids.8. The scheduled days of work.9. Date of posting and time.E. Successful Bidder1. Within ten (10) days after the closing date of theposting, the installation head shall post a noticestating the name and seniority of the successfulbidder. The senior qualified bidder meeting thequalification standards established for that positionor the best qualified selection, if applicable, shall bedesignated the “successful” bidder.2. The successful bidder must be placed in the newassignment no later than twenty-eight (28) daysafter the date of notification of selection asprovided in E.1. above.3. Ninety (90) Day Work RequirementAn employee who is placed in any of the vacantduty assignments other than Customer ServiceClerk duty assignments, in accordance with thisSection shall be required to work that dutyassignment for a period of no less than ninety (90)days, unless exercising a bid:a. to a similar assignment with different days orhours of duty;274

Article 41.3.F.3b. to a job in a higher level;c. due to elimination or reposting of the dutyassignment; ord. because of substantiated medical or healthreasons, whereby continuation would beharmful to the employee.4. An employee who is placed in any vacantCustomer Service Clerk duty assignment shall berequired to work that duty assignment for a periodof no less than 365 days, unless exercising a bid:a. to a similar assignment with different days orhours of duty;b. to a job in a higher level;c. due to elimination or reposting of the dutyassignment; ord. because of substantiated medical or healthreasons, whereby continuation would beharmful to the employee.5. Normally an employee shall work the dutyassignment for which the employee has beendesignated the successful bidder.F. Definition of a SectionThe Employer and the Union shall define sections withinthe installation. Such definition will be confined to one ormore of the following:1. pay location;2. by floor;3. tour;275

Article 41.3.F.44. job within an area;5. type of work;6. installation;7. building or8. shop (MES only).Section 4. General ProvisionsA. ToolsThe Employer will provide adequate tools, tool kits andequipment on a charge-out basis to those employeeswho require such items for the performance of theirassigned function. The determination as to what tools,tool kits and equipment are required and the adequacyof such items will be made by the Employer. Where theEmployer determines that tools are obsolete, such toolswill be recalled and removed from the employees’accountability.B. Anti-Fatigue MeasuresThe subject of fatigue as it relates to the safety andhealth of an employee is a proper subject for theconsideration of the Joint Labor-Management SafetyCommittee as provided in Article 14 of this Agreement.The Employer will continue past practices with regard toanti-fatigue devices.276

Article 43.2ARTICLE 42ENERGY SHORTAGESIn the event of an energy crisis, the Employer shall make everyreasonable attempt to secure a high priority from theappropriate Federal agency to obtain the fuel necessary for thesatisfactory maintenance of postal operations. In such a case,or in the event of any serious widespread energy shortage, theEmployer and the Union shall meet and discuss the problemsand proposed solutions through the Labor ManagementCommittee provided in Article 17.(The preceding Article, Article 42, shall apply to PSEs)ARTICLE 43SEPARABILITY AND DURATIONSection 1. SeparabilityShould any part of this Agreement or any provision containedherein be rendered or declared invalid by reason of anyexisting or subsequently enacted legislation or by a court ofcompetent jurisdiction, such invalidation of such part orprovision of this Agreement shall not invalidate the remainingportions of this Agreement, and they shall remain in full forceand effect.Section 2. DurationUnless otherwise provided, this Agreement shall be effectiveMay 23, 2011, and shall remain in full force and effect to andincluding 12 midnight May 20, 2015, and unless either partydesires to terminate or modify it, for successive annualperiods. The party demanding such termination or modificationmust serve written notice of such intent to the other party, notless than 90 or more than 120 days before the expiration dateof the Agreement.(The preceding Article, Article 43, shall apply to PSEs)277

In witness whereof the parties hereto affix their signaturesbelow this 13th day of May 2011.For the USPSFor the APWUPatrick R. DonahoeCliff GuffeyPostmaster GeneralPresidentChief Executive Officer American Postal WorkersUnited States Postal Service Union, AFL-CIO278

MEMORANDUMS OF UNDERSTANDINGAND LETTERS OF INTENTAPPENDIX AAPWU Postal Support Employee MemorandaMEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe:Postal Support EmployeesThe parties agree to the following general principlesconcerning Postal Support Employees (PSEs):1. General Principlesa. The PSE work force will be comprised of noncareer,bargaining unit employees, which is theonly category of non-career employeesestablished to work within APWU bargainingunits.b. PSEs will be hired for a term not to exceed 360calendar days and will have a break in service ofat least 5 days, if reappointed.c. Leave provisions for PSEs are included inAttachment A.d. For PSE percentage use allowances, seeArticle 7.1.B.e. The Postal Service will provide a report everyfour week reporting period with informationneeded to monitor compliance with the279

provisions above, i.e., the total number of careerbargaining unit employees and PSEs by craft,function, installation and District.f. The transitional employee and casual categoryof supplemental employees will be eliminatedwithin three (3) months of the effective date ofthis Agreement.g. The hourly rates for PSEs on the effective dateof this Agreement shall be as follows:Should it be necessary for recruitment orretention of PSEs, the Postal Service may payhigher hourly rates, with the concurrence of theUnion.Whenever contracting or in sourcing is underconsideration, the Union may propose differenthourly rates for competitive purposes.2. Contract ProvisionsThe parties agree that only the following articles andportions of articles of the National Agreement applyto PSEs as outlined below:Article 1Article 2Grade Hourly Rate3 $12.004 $12.385 $13.746 $14.607 $15.528 $15.85280

Article 3Article 5Article 7Article 7EMPLOYEE CLASSIFICATIONSection 1. Definition and Use* * * * *B. Postal Support Employees (PSEs)1. The PSE work force shall be comprised of noncareerbargaining unit employees.2. During the course of a service week, theEmployer will make every effort to insure thatqualified and available part-time flexibleemployees are utilized at the straight-time rateprior to assigning such work to PSEs.3. In the Clerk Craft, the total number of PSEsused in mail processing (function one) within aDistrict, will not exceed 20% of the total numberof career mail processing (function one) clerkcraft employees within that District, except inaccounting periods 3 and 4, beginning two (2)years from the effective date of the contract.The total number of PSEs used in retail/customer services (function four) within aDistrict will not exceed 20% of the total numberof career retail/customer services (functionfour) clerk craft employees within that District.The number of PSEs derived from the retail/customer services (function four) percentagemay be used in function one and when doing sowill not count against the 20% mail processing(function one) District cap.281

In the Maintenance Craft, the total number ofPSEs used within a District will not exceed 10%of the total number of career maintenance craftemployees within that District.In the Motor Vehicle Craft, the total number ofPSEs used within a District, will not exceed 10%of the total number of career motor vehicle craftemployees within that District, except inaccounting periods 3 and 4, beginning two (2)years from the effective date of the contract.4. In Level 22 and above offices, PSEs in retail/customer services (Function 4) who work thewindow will not exceed 10% of the career retailclerks in that installation whose duties includeworking the window. The rounding-up rule of .5and above applies.In Level 21 and below offices, PSEs in retail/customer services (Function 4) who work thewindow will not exceed 20% of the career retailclerks in that installation whose duties includeworking the window. The rounding-up rule of .5and above applies.When the hours worked by a PSE on the windowdemonstrates the need for a full-time preferredduty assignment, such assignment will beposted for bid within the section.PSEs who work the window may work in reliefof employees holding duty assignments on thewindow.5. Any non-APWU bargaining unit employee onlight or limited duty in an APWU craft or on arehabilitation assignment in an APWU craft who282

does not hold a bid assignment will not becounted as a career employee for the purposeof determining the number of PSEs who may beemployed in that APWU craft.6. In addition to the caps in paragraph 3 above,PSEs will not be counted towards the allowablepercentages of PSEs within a District whenemployed for new work that is brought into thebargaining units covered by this Agreement,including work being contracted out that isbrought in-house, as follows:a. In the Clerk Craft, in any former ContractPostal Unit (CPU) that is brought back inhouse,unless it is a full-service unit or itprimarily provides postal services.b. In the Maintenance Craft, for custodialwork formerly contracted out that isbrought in-house, subject to the provisionsof the Maintenance Craft Jobs Memo.c. In the Motor Vehicle Craft, for highwaycontract routes (HCRs) that are broughtback into the Postal Service and assignedto postal employees, subject to theprovisions of the Motor Vehicle Craft JobsMemo.d. The Employer and the Union may agreeupon the use of additional PSEs in othercircumstances when new or contractedwork is brought in-house, or when newretail initiatives that are not full-servicepost offices are established.283

7. The Postal Service will provide a report, everyfour week reporting period with informationneeded to monitor compliance with theprovisions above, i.e., the total number of careerbargaining unit employees and PSEs by craft,function, installation and District.8. PSEs shall be hired from an appropriate registerpursuant to such procedures as the Employermay establish. They will be hired for a term notto exceed 360 calendar days per appointment.Such employees have no daily or weekly workhour guarantees, except as provided for inArticle 8.8.D. PSEs will have a break in serviceof at least 5 days, if reappointed.Section 2. Work SchedulesArticle 8HOURS OF WORKA. The employee’s service week shall be a calendarweek beginning at 12:01 a.m. Saturday and ending at 12midnight the following Friday.B. The employee’s service day is the calendar day onwhich the majority of work is scheduled. Where the workschedule is distributed evenly over two calendar days, theservice day is the calendar day on which such workschedule begins.Section 3. Exceptions* * * * *PSEs will be scheduled in accordance with Section 2, Aand B, of this Article.284

Section 4. Overtime Work* * * * *G. Overtime Work PSEsPSEs shall be paid overtime for work performed inexcess of forty (40) work hours in any one serviceweek. Overtime pay for PSEs is to be paid at the rateof one and one-half (1-1/2) times the basic hourlystraight time rate.When an opportunity exists for overtime for qualifiedand available full-time employees, doing similar workin the work location where the employees regularlywork, prior to utilizing a PSE in excess of eight (8)work hours in a service day, such qualified andavailable full-time employees on the appropriateOvertime Desired List will be selected to performsuch work in order of their seniority on a rotatingbasis.Section 7. Night Shift DifferentialFor time worked between the hours of 6:00 p.m. and 6:00a.m., employees shall be paid additional compensation atthe applicable flat dollar amount at each pay grade andstep in accordance with the attached table (Table 2).Section 8. GuaranteesD. Any PSE who is scheduled to work and who reportsshall be guaranteed two (2) hours of work or pay.285

Section 9. Wash-up TimeInstallation heads shall grant reasonable wash-up time tothose employees who perform dirty work or work withtoxic materials. The amount of wash-up time granted eachemployee shall be subject to the grievance procedure.(The preceding paragraph, Article 8.9, shall apply to PSEs.)Article 9SALARIES AND WAGESSection 7. Postal Support EmployeesThe hourly rates for PSEs shall be adjusted by the generalincreases provided for in Article 9.1. In addition, PSEs willreceive the following wage adjustments:Effective, November 17, 2012, the hourly rates for allgrades shall be increased by 1.0%.Effective November 16, 2013, the hourly rates for allgrades shall be increased by 1.0%.Effective November 15, 2014, the hourly rates for allgrades shall be increased by 1.5%.All percentage increases are applied to the wage rates ineffect at the beginning of the contract.Section 2. Leave RegulationsArticle 10LEAVEA. The leave regulations in Subchapter 510 of theEmployee and Labor Relations Manual, insofar assuch regulations establish wages, hours andworking conditions of employees covered by thisAgreement, other than PSEs, shall remain in effectfor the life of this Agreement.286

B. Career employees will be given preference over noncareeremployees when scheduling annual leave.This preference will take into consideration thatscheduling is done on a tour-by-tour basis and thatemployee skills are a determining factor in thisdecision.* * * * *Section 6. Holiday ScheduleArticle 11HOLIDAYSD. Postal Support EmployeesPSEs will be scheduled for work on a holiday ordesignated holiday after all full-time volunteers arescheduled to work on their holiday or designatedholiday. They will be scheduled, to the extentpossible, prior to any full-time volunteers or nonvolunteersbeing scheduled to work a nonscheduledday or any full-time non-volunteers being required towork their holiday or designated holiday. If theparties have locally negotiated a pecking order thatwould schedule full-time volunteers on anonscheduled day, the Local Memorandum ofUnderstanding will apply.Article 14Article 15Article 17, Sections 2, 3, 4, 6 and 7Article 18Article 19287

Article 19HANDBOOKS AND MANUALS* * * * *Article 19 shall apply in that those parts of all handbooks,manuals and published regulations of the Postal Service,which directly relate to wages, hours, or workingconditions shall apply to PSEs only to the extent consistentwith other rights and characteristics of PSEs negotiated inthis Agreement and otherwise as they apply to thesupplemental work force. The Employer shall have theright to make changes to handbooks, manuals andpublished regulations as they relate to PSEs pursuant tothe same standards and procedures found in Article 19 ofthis Agreement.Article 20Article 22Article 23Article 24Article 27Article 28Article 31Article 32Article 34Article 36Article 42Article 43288

Only the following Memorandums of Understanding fromthe 2010 National Agreement shall apply to PSEs:Use of Privately Owned VehiclesLeave SharingLeave Without PayTime Limitations Concerning Bone Marrow, StemCell, Blood Platelet, and Organ DonationsRemoval of Social Security Number References3. Other ProvisionsA. Light DutyArticle 13 does not apply to PSEs. However,Article 13 does not prohibit the assignment ofPSEs to light duty.B. Article 151. The parties recognize that PSEs will haveaccess to the grievance procedure forthose provisions which the parties haveagreed apply to PSEs.2. Nothing herein will be construed as awaiver of the employer’s obligation underthe National Labor Relations Act. PSEs willnot be discharged for exercising theirrights under the grievance-arbitrationprocedure.3. The separation of PSEs upon completion oftheir 360-day term and the decision to notreappoint PSEs to a new term are notgrievable. PSEs may be separated for lackof work at any time. Such separation is not289

grievable except where it is alleged that theseparation is pretextual. PSEs separatedfor lack of work before the end of their termwill be given preference for reappointmentahead of other applicants who have notserved as PSEs if the need for hiring ariseswithin one (1) year of their separation.PSEs may be disciplined or removed withinthe term of their appointment for just causeand any such discipline or removal will besubject to the grievance arbitrationprocedure, provided that within theimmediately preceding six months, theemployee has completed ninety (90) workdays, or has been employed for 120calendar days, whichever comes first.In the case of removal for cause within theterm of an appointment, a PSE shall beentitled to advance written notice of thecharges against him/her in accordancewith the provisions of Article 16 of theNational Agreement.C. Article 25, Higher Level PayIn the event a PSE is temporarily assigned to ahigher level position, such employee will be paidat the higher level only for the time actuallyspent on such job. This language should not beconstrued to encourage the Postal Service totemporarily assign such employees to higherlevel positions. When the opportunity exists forhigher level assignment, the principle ofpreference for career employees over PSEsshould be utilized. PSEs will not be assigned to290

higher level assignments within function four(e.g., LSSA, Bulk Mail Tech, Special PostalClerk, Lead Clerk), except when no careeremployee is available.D. Health InsuranceAfter an initial appointment for a 360-day termand upon reappointment to another 360-dayterm, any eligible non-career PSE who wants toparticipate in the Federal Employees HealthBenefits (FEHB) Program on a pretax basis willbe required to make an election to do so inaccordance with procedures to be published assoon as administratively practicable. A previousappointment as a transitional employee willcount toward qualifying for participation inFEHB, in accordance with the Office ofPersonnel Management (OPM) regulations. Thetotal cost of health insurance is theresponsibility of the PSE, except as providedbelow.The Postal Service will make a contribution inthe amount of 75% of the total premium for anyeligible PSE who selects the APWU ConsumerDriven Health Plan.E. PSE Career OpportunityWhen the Postal Service determines inaccordance with contractual provisions that ithas needs to fill vacancies with new careeremployees, available and qualified PSEs will beconverted to fill such vacancies on a senioritybasis.291

F. OptingA PSE may only occupy full-time (traditional ornontraditional) duty assignments in accordancewith these rules. This does not prohibit PSEsfrom working assignments that do notconstitute a duty assignment.In the Clerk and Motor Vehicle Crafts, wherepracticable, PSEs will be allowed to opt on aseniority basis for fulltime (traditional and nontraditional)vacant, residual assignments in theinstallation for which they are qualified andwhich are not assigned to career employees.Such opting does not create any work hour orassignment guarantees.Hours worked by PSEs in opted non-traditionalfull-time assignments of more than eight hoursin a work day or forty hours in a work week willbe an exception, for the portion of theirassignment which exceeds eight hours in a dayand forty hours in a week, to the contractualobligation pursuant to Article 8.4.G to utilize theOvertime Desired List.In the Clerk Craft, existing provisions of Article37.3.F.5 and 37.3.F.7 apply prior to a PSE optingfor the assignment. In addition, Article 37.3.F.3and 37.3.F.4 will be modified so as to permit allbidders to train and attempt to qualify beforethe duty assignment becomes residual andavailable for assignment of unencumberedemployees, PTF preferencing (unless beingwithheld), and finally for PSE opting. However,qualified PSEs may be utilized to backfillvacancies while full-time or part-time292

employees are in training pending qualification.In addition, any such assignment will be postedfor bid as a vacant duty assignment or revertedpursuant to Article 37.3 on the occasion of thePSE’s break in service.In the Motor Vehicle Craft, any assignmentopted by a PSE will be posted for bid as avacant duty assignment or reverted on theoccasion of the PSE’s break in service.G. Retirement Savings PlanThe parties will explore the steps necessary forthe establishment of 401(k)-type retirementsavings plans and/or payroll allotments forIndividual Retirement Accounts for PSEs. ThePostal Service will not be required to make anymatching contributions as part of such plans.* * *293

I. GENERALATTACHMENT APOSTAL SUPPORT EMPLOYEE (PSE)ANNUAL LEAVE PROVISIONSA. Purpose. Annual leave is provided to PSEs forrest, recreation, emergency purposes, andillness or injury.1. Accrual of Annual Leave. PSEs earn annualleave based on the number of hours inwhich they are in a pay status in each payperiod.Rate of Accrual1 hour for eachunit of 20 hoursin pay status ineach pay periodHoursin PayStatusHours ofAnnual LeaveEarned PerPay Period20 140 260 380 4 (max)2. Biweekly Crediting. Annual leave accruesand is credited in whole hours at the end ofeach biweekly pay period.3. Payment For Accumulated Annual Leave. Aseparating PSE may receive a lump-sumpayment for accumulated annual leavesubject to the following condition:294

B. A PSE whose separation is effective before thelast Friday of a pay period does not receivecredit or terminal leave payment for the leavethat would have accrued during that pay period.II.III.AUTHORIZING ANNUAL LEAVEA. General. Except for emergencies, annual leavefor PSEs must be requested on Form 3971 andapproved in advance by the appropriatesupervisor.B. Emergencies and Illness or Injury. An exceptionto the advance approval requirement is madefor emergencies and illness or injury; however,in these situations, the PSE must notifyappropriate postal authorities as soon aspossible as to the emergency or illness/injuryand the expected duration of the absence. Assoon as possible after return to duty, PSEs mustsubmit Form 3971 and explain the reason for theemergency or illness/injury to their supervisor.Supervisors approve or disapprove the leaverequest. When the request is disapproved, theabsence may be recorded as AWOL at thediscretion of the supervisor as outlined inSection IV.B below.UNSCHEDULED ABSENCEA. Definition. Unscheduled absences are anyabsences from work that are not requested andapproved in advance.295

B. PSE Responsibilities. PSEs are expected tomaintain their assigned schedule and mustmake every effort to avoid unscheduledabsences. In addition, PSEs must provideacceptable evidence for absences whenrequired.IV.FORM 3971, REQUEST FOR, OR NOTIFICATION OF,ABSENCEA. Purpose. Application for annual leave is made inwriting, in duplicate, on Form 3971, Request for,or Notification of, Absence.B. Approval/Disapproval. The supervisor isresponsible for approving or disapprovingapplication for annual leave by signing Form3971, a copy of which is given to the PSE. If asupervisor does not approve an application forleave, the disapproved block on Form 3971 ischecked and the reasons given in writing in thespace provided. When a request is disapproved,the reasons for disapproval must be noted.AWOL determinations must be similarly noted.* * *296

Re:APPENDIX BMEMORANDA OF UNDERSTANDINGANDLETTERS OF INTENTMEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOMEMORANDA OF UNDERSTANDING AND LETTERSOF INTENTThe parties agree that except for those National levelMemoranda of Understanding and Memoranda of Intent(MOUs) as well as National level Letters of Intent (LOIs) thathave a specific expiration date, or are otherwise by their termslimited to actions occurring during a National Agreement, allother National MOUs/LOIs shall continue unless modified oreliminated either by agreement or as a result of interestarbitration. The parties further agree that this understandingincludes all National Level MOUs and LOIs set forth in each ofthe parties’ printing of the prior National Agreement as well asall other National level MOUs and LOIs.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOClerical WorkWhen non-managerial or non-supervisory work, nototherwise excluded by Article 1.2, which was being297

performed by supervisors, is no longer performed bysupervisors, then it must be assigned to clerk craftemployees.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIONew Positions and New WorkExcept for positions excluded by Article 1.2, all newlycreated positions shall be assigned by the Postal Serviceto the national craft unit most appropriate for such positionwithin 30 days after its creation, and all non-managerial ornon-supervisory work shall be assigned to the mostappropriate bargaining unit position applying therequirements and criteria of Article 1.5. Additionally, thePostal Service shall provide notice to the APWU when itbelieves that a new position is excluded pursuant toArticle 1.2, and when it believes that new non-managerialor non-supervisory work should be assigned to employeesin a non-APWU position.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOOperating Services and Facility ServicesThe parties agree to establish a transitional process forthe inclusion of the bargaining unit for Operating Services,298

Headquarters, and Facility Services Section, Merrifield, VAinto Article 1, Section 1 of the 2010 National Agreement.The bargaining unit is currently covered by theagreement between the parties in Handbook EL-907, whichwill be discontinued and the bargaining unit will beincorporated into the agreement between the parties inHandbook EL-912, with the following understanding:1. The Operating Services craft will be incorporated asArticle 40 in the 2010 National Agreement.2. The current Operating Services work rules remain ineffect unless otherwise mutually revised by theparties.3. Operating Services employees will be merged intothe 2010 National Agreement pay structure during itsterm as the parties may agree.* * *Q06C-4Q-C 10005587 GLOBAL SETTLEMENTThe parties agree that grievance Q06C-4Q-C 10005587 willbe resolved effective with the signing of this settlement.The parties further understand that any cases held inabeyance pending the outcome of this case will beaffected by this settlement. Those cases will be returned tothe level they were held for further processing.As a result of this settlement, in offices under100 bargaining unit employees, postmasters andsupervisors may only perform bargaining unit work inaccordance with Article 1.6.A and when listed in theirposition description in accordance with the following:In level 18 offices, the Postmaster is permitted to performno more than fifteen (15) hours of bargaining unit work perweek. There will be no PMR usage in level 18 offices.299

In level 16 offices, the Postmaster is permitted to performno more than twenty-five (25) hours of bargaining unit workper week. There will be no PMR usage in level 16 offices.In level 15 offices, the Postmaster is permitted to performno more than twenty-five hours (25) of bargaining unit workper week. There will be no PMR usage in level 15 offices.In the event there is a second supervisor in any of theseoffices, only one of the supervisory employees mayperform bargaining unit work as prescribed above (eitherthe Postmaster or the Supervisor).Bargaining unit work performed by Postmasters orsupervisors should be consecutive hours to the extentpracticable, so as to minimize the necessity for split shiftsfor clerk craft employees, whenever possible. All time thesupervisor or Postmaster spends staffing the windowduring the day will be counted towards the permissiblebargaining unit work limits.Postal Operations Administrator (POA) will be obsolete.The Postal Service will report to the APWU, on a quarterlybasis, bargaining and non-bargaining unit employeestaffing changes in Level 15 and below offices.In accordance with the M-32, postmasters or supervisorsperforming bargaining unit work will record what operationthey are performing either by time clock, PS Form 1260 orother appropriate means. A copy of such documentationshall be made available to the Union upon request.Any office that is downgraded in level will remain at thebargaining unit work standard that is in place at thebeginning of the Agreement through the life of thatcontract.* * *300

February 18, 2011Mr. Cliff GuffeyPresidentAmerican Postal Workers Union, AFL-CIO1300 L Street NWWashington, DC 20005-4128Dear Cliff:As discussed during negotiations, the Postal Service willapply its non-discrimination policies to the hiringprocesses for the new category of employee, [PostalSupport Employee (PSE)], in the same manner as thosepolicies apply to career employees and the same avenuesof enforcement will be available with respect to the hiringof [PSEs] as are available with respect to the hiring ofcareer employees. The non-discrimination policies includethe commitment in Employee and Labor Relations Manual(ELM), Section 311.12, to not discriminate in personneldecisions on the basis of race, color, religion, sex, nationalorigin, age, or disability as provided by law.The Rehabilitation Act of 1973 governs our hiringprocesses and prohibits discrimination against qualifiedemployees and career and non-career job applicants withdisabilities, including those disabled employees who aredeaf or hard of hearing. The Rehabilitation Act imposes anobligation on the Postal Service to find reasonable ways toaccommodate a qualified individual with a disability. In thecase of deaf and hard of hearing employees andapplicants, Management has an obligation to reasonablyaccommodate requests for assistance in communicatingwith or understanding others in work-related situations.(See, e.g., EL-312, Employment and Placement,Section 235.23 and EL-307, Reasonable Accommodation,an Interactive Process).301

It is Postal Service policy to provide equal employmentopportunities to qualified applicants with disabilities,including those who are deaf or hard of hearing. Thiscontinues to be accomplished through our hiringprocesses for both career and non-career employees.(EL-312, Section 235.1, and EL-307, Section 41). This letterdoes not affect the Postal Service’s right to modify itsnondiscrimination policies pursuant to Article 19 orotherwise.Sincerely,Doug A. TulinoRe:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIODeaf and Hard of HearingREASONABLE ACCOMMODATION FOR THE DEAF ANDHARD OF HEARINGMANAGEMENT’S RESPONSIBILITYManagement has an obligation to reasonably accommodateDeaf and Hard of Hearing employees with a disability under theRehabilitation Act (the “Act”) and applicants represented bythe APWU who request assistance in communicating with orunderstanding others in work related situations, such as butnot limited to:a. During investigatory interviews which may lead todiscipline, discussions with a supervisor on jobperformance or conduct, or presentation of a grievance302

pursuant to Article 17 and other provisions of thecollective bargaining agreement.b. During some aspects of training including formalclassroom instruction.c. During portions of EAP programs or EEO counselings.d. In critical elements of the selection process such asduring testing and interviews.e. During employee orientations and safety talks, CFC andsaving bond drive kickoff meetings.f. During the filing or meetings concerning an employee’sOWCP claim.A reasonable accommodation must be approached on a highlyindividual, case by case basis. The individual’s input must beconsidered prior to making a decision regardingaccommodation.IMPLEMENTATIONThis obligation is met by selecting an appropriate resourcefrom the variety of resources available. In selecting a resource,the following, among others, should be considered, asappropriate:– The ability of the deaf and hard of hearing employee tounderstand various methods of communication and theability of others to understand the deaf or hard ofhearing employee.– The importance of the situation as it relates to workrequirements, job rights, and benefits.– The availability and cost of the alternative resourcesunder consideration.– Whether the situation requires confidentiality.303

Available resources which should be considered include, butare not limited to the following:a. Installation heads are authorized to pay for certifiedinterpreters. Every effort will be made to provide certifiedinterpreters when deemed necessary by an applicationof the principles set forth herein.b. In some states, the Division of Vocational Rehabilitation(DVR) provides interpreters at no charge. When adecision is made that an interpreter is the appropriateaccommodation and a DVR interpreter is not availableother methods of securing an interpreter should beused, such as through Video Remote Interpreting (VRI)technology, if available, postal-approved and authorizedor other new and evolving technology that is authorizedand approved.c. Volunteer interpreters or individuals skilled in signingmay be obtained from the work force or from thecommunity. The skill level of such persons should beconsidered.d. In some situations, such as day-to-day instructions androutine communications, written communications maybe appropriate based on the employee’s ability tocomprehend written communications.e. Supervisors, training specialists, EAP, and EEOcounselors may be trained in sign language.f. APWU represented deaf or hard of hearing applicantswill be scheduled for a specific examination time whenan interpreter will be available.g. State or Federal relay services or other postal-approvedtechnology, such as Video Relay Service (VRS) or VRI, ifavailable and authorized, or other new and evolvingtechnology that is available, authorized and approved,304

may provide a way for a deaf or hard of hearingemployee to conduct postal business by telephone withother employees and customers.h. When possible, interpretive services as described in (a)through (f) above should be scheduled as far in advanceas possible.i. In the event of an emergency situation, the PostalService will strive to communicate the nature of theemergency as soon as possible.Management will provide the following assistance for deaf and/or hard of hearing employees with a disability under the Act:a. All films or videotapes designed for the training orinstruction of regular work force employees developedon or after October 1, 1987, shall be opened or closedcaptioned. To the extent practicable, existing films orvideotapes developed nationally that will continue to beused by deaf or hard of hearing employees with somefrequency, will be opened or closed captioned.b. Special communications devices for the deaf will beinstalled in all postal installations employing deafemployees in the regular work force. Specialcommunications devices, or telephone volume controldevices will be installed for hard of hearing employeeswhenever a hard of hearing employee needs areasonable accommodation in order to communicate byphone. These devices will be available to deaf and/orhard of hearing employees for official business and inthe case of personal emergencies. As appropriate,Management will provide training to staff on the use ofthese special communication devices.c. A visual alarm will be installed on all moving poweredindustrial equipment in all postal installations employing305

deaf employees in the regular work force or in anyinstallation where such a reasonable accommodation isnecessary for a hard of hearing employee.d. Visual fire alarms will be installed in all new postalinstallations (installations for which the U.S. PostalService, as of June 12, 1991, had not awarded acontract for the design of the building) where the PostalService installs audible fire alarms. The parties willdiscuss and seek to agree at the local level about theinstallation in such other facilities as may be appropriate.JOINT LABOR-MANGEMENT MEETINGSDiscussion of problem areas with regard to the use of certifiedsign interpreters, enhancement of job opportunities for thedeaf and hard of hearing, including recruitment and hiringefforts, type of special communications devices or volumecontrol devices to be installed, installation of visual alarms orother systems such as tactile devices at other than new postalinstallations, and the availability of new technologies whichmay help deaf and hard of hearing employees perform a varietyof tasks are appropriate matters for consideration at JointLabor-Management meetings. Discussion of such matters atLabor-Management meetings is not a prerequisite to the filingor processing of a grievance.* * *306

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOLayoff ProtectionEach employee who is employed in the regular work force as ofNovember 20, 2010, and who has not acquired the protectionprovided under Article 6 shall be protected henceforth againstany involuntary layoff or force reduction during the term of thisAgreement. It is the intent of this Memorandum ofUnderstanding to provide job security to each such employeeduring the term of this Agreement; however, in the eventCongress repeals or significantly relaxes the Private ExpressStatutes this Memorandum shall expire upon the enactment ofsuch legislation. In addition, nothing in this Memorandum ofUnderstanding shall diminish the rights of any bargaining-unitemployees under Article 6.Since this Memorandum of Understanding is being enteredinto on a nonprecedential basis, it shall terminate for allpurposes at midnight, May 20, 2015, and may not be cited orused in any subsequent dispute resolution proceedings.* * *307

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOReferences to Casuals, TE’s, and SupplementalWorkforceThe parties agree that all references to casuals, transitionalemployees and supplemental workforce in the 2006 CBAwill be jointly reviewed and replaced with PSEs whereverappropriate.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THE UNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(The American Postal Workers Union, AFL-CIO, andNational Association of Letter Carriers, AFL-CIO)Re:Articles 7, 12 and 13 - Cross Craft and Office Sizea. It is understood by the parties that in applying theprovisions of Articles 7, 12 and 13 of the 2010 NationalAgreement, cross craft assignments of employees, onboth a temporary and permanent basis, shall continueas they were made among the six crafts under the 1978National Agreement.B. It is also agreed that where the 2010 Agreement makesreference to offices/facilities/installations with a certain numberof employees or man years, that number shall include allcategories of bargaining unit employees in the office/facility/installation who were covered by the 1978 National Agreement.* * *308

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOMaximization/Full-Time Flexible - APWUWhere a part-time flexible has performed duties within his craftand occupational group within an installation at least 40 hoursa week (8 within 9, or 8 within 10, as applicable), 5 days aweek, over a period of 6 months, the senior part-time flexibleshall be converted to full-time status.This criteria shall be applied to postal installations with 125 ormore man years of employment.It is further understood that part-time flexibles converted tofull-time under this criteria will have flexible reporting times,flexible nonscheduled days, and flexible reporting locationswithin the installation depending upon operationalrequirements as established on the preceding Wednesday.The parties will implement this in accordance with their pastpractice.Date: July 21, 1987* * *309

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOConversions Under the Maximization MemorandumAs discussed, when a full-time assignment(s) is being withheldin accordance with Article 12, the subsequent backfilling of theassignment(s) will not count towards the time considered formaximizing full-time duty assignments, in accordance with theMemorandum of Understanding.The parties also recognize that employees are to be convertedto full-time consistent with the memorandum, provided thework being performed to meet maximization qualification is notbeing performed on assignment(s) described above.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIONon-Traditional Full-Time (NTFT) Duty Assignmentsin Retail Operations, Level 20 and Below OfficesThe parties agree that for Retail Operations in Level 20 andbelow offices, Non-Traditional Full-Time duty assignmentsmay be created when the union can demonstrate the needfor such non-traditional duty assignments and it iseconomically and operationally advantageous to do so.* * *310

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIONon-Traditional Full-Time (NTFT) Duty AssignmentsThe parties agree to the following rules concerning Non-Traditional Full-Time (NTFT) duty assignments:1. No Clerk or MVS employee who at the signing of thisAgreement, has a full-time regular work schedule of40 hours a week will be involuntarily reassigned tooccupy a NTFT duty assignment of less than40 hours a week. However, such employees may bereassigned to occupy a NTFT duty assignments of40-44 hours a week, so long as those assignmentshave at least two (2) scheduled off days, with noscheduled work days of less than six (6) hours ormore than ten (10) hours. All other employees,including current PTR’s, PTF’s, and any careeremployees hired after the signing of this Agreement,may be assigned to any residual NTFT dutyassignment in accordance with Articles 37 or 39,respectively.2. Effective 6 months from the signing date of the 2010National Agreement, full-time career clerk craft andmotor vehicle craft employees who are not on theOvertime Desired List and are in an installation withemployees working in NTFT duty assignments in thesame Functional area, will not be required to workovertime except in an emergency.3. There will no longer be Part-Time Flexible (PTF)employees working in Function 1 or in post officesLevel 21 and above.311

4. Part-Time Flexible (PTF) employees may work inFunction 4 offices level 20 and below. Offices, level20 and below, remain subject to the Article 7.3.Bobligations to maximize the number of full-timeemployees and minimize the number of part-timeflexible employees who have no fixed workschedules.5. There will no longer be Part-Time Regular (PTR)employees in the clerk craft.6. There will no longer be Part-Time Regular (PTR) andPart-Time Flexible (PTF) employees in the motorvehicle craft. Management may create Flexible Non-Traditional Duty assignments to replace PTR andPTF duty assignments.7. Employees occupying FTR duty assignments(traditional and NTFT) in postal installations whichhave 200 or more man years of employment in theregular work force, career employees in mailprocessing operations, transportation and vehiclemaintenance facility operations will haveconsecutive days off, unless otherwise agreed to bythe parties at the local level. For employeesoccupying NTFT duty assignments, if the NTFTschedule has 3 or more scheduled days off, at least 2must be consecutive.8. In Function 1, no more than 50% of all dutyassignments in the facility may be NTFT dutyassignments of 30-48 hours, unless otherwiseagreed to by the parties at the local level.9. In Function 4, Management may create as manyclerk NTFT duty assignments of 30-48 hours in afacility as is operationally necessary.312

10. In Function 4, in offices with no employees workingin NTFT duty assignments, at least 25% ofemployees will have consecutive days off. However,if there are employees working in NTFT dutyassignments, and a NTFT schedule has 3 or morescheduled days off, at least 2 must be consecutive.11. Non-traditional full-time assignments will have nomore than 1-hour lunch. Exception: in Post Offices(level 20 and below) where necessary toaccommodate the conversion of PTF’s to full-timestatus, split shifts will be permissible.12. NTFT assignments of more than nine (9) hours in aservice day shall include a 3rd break excludinglunch.13. These NTFT employees will normally work thenumber of hours (daily and/or weekly) identified intheir bid assignment, except in an emergency. Theseemployees are entitled to out of schedule premiumfor hours worked outside their normal schedule.14. Full-Time Flexible Clerk Craft non-traditionalassignments [10% of full-time assignments, but atleast one (1) in any installation] may be created andutilized in retail (Function 4) operations and to covervacancies and absences subject to negotiated rules.The start times and off-days of flexible nontraditionalfull-time assignments may be changedfrom week-to-week without out-of-scheduleobligations, subject to a Wednesday of the priorweek notification. Weekly and daily guarantees willremain unchanged.15. When an occupied traditional clerk FTR dutyassignment is reposted as a nontraditional full-timeassignment, all duty assignments in that section or313

station/branch currently occupied by employeesjunior to the incumbent in that assignment will alsobe reposted for in-section bidding.16. Vacant traditional FTR duty assignments can beposted as non-traditional full-time assignments,after notice to Local Union President and opportunityfor input, where operationally necessary. For MVSduty assignments this notice will also be provided tothe local MVS Craft Director.17. Excessed employee with retreat rights (under12.5.C.4 or 12.5.C.5) may decline the opportunity toretreat to nontraditional full-time assignment withoutrelinquishing the right to retreat to posted traditionalfull-time regular duty assignments.18. Article 37.3.A.4.(c) will be amended to add (5) and (6)to read as follows:(5) Any occupied traditional full-time regular dutyassignment which is converted to a non-traditionalfull-time assignment shall be reposted. Any occupiednon-traditional full-time regular duty assignmentwhich is converted to a traditional full-timeassignment shall be reposted.(6) When the total hours in the workweek of anontraditional full-time assignment are changed theassignment shall be reposted.19. Add to 37.3.A.1:Every effort will be made to create desirableduty assignments from all available work hoursfor career employees to bid.20. At the National Level, the APWU and Postal Servicewill oversee implementation of non-traditional314

staffing and assignments through regular bi-monthlymeetings. Meetings may occur more frequently ifneeded.21. Before implementing any new non-traditionalassignments the local union will have the opportunityto review, comment, make suggestions and proposealternatives.22. Should concerns or disputes about non-traditionalassignments arise, the local union will refer them tothe appropriate APWU National Business Agent whomay meet with local, District, or Area managementas appropriate. Any unresolved issues will beforwarded to the National Level.23. Any concerns or disputes regarding non-traditionalstaffing and assignments will not be pursuedthrough the normal grievance procedure. Suchissues will be processed through ADRP with anopportunity for discussion with operationsmanagement at the local level, District, Area, andNational Level. If any disputes arise and remainunresolved after such reviews, the National APWUmay appeal the dispute to the appropriate arbitrationdocket.* * *OVERTIME RULES FOR NON-TRADITIONAL FULL-TIME(NTFT) DUTY ASSIGNMENTS1. Effective 6 months from the date of the 2010 Nationalagreement, full-time career clerk craft and motorvehicle craft employees who are not on the OvertimeDesired List and are in an installation withemployees working in NTFT duty assignments in thesame Functional area, will not be required to work315

overtime except in an emergency. In the MotorVehicle craft, employees may also be required towork overtime in the event of unforeseeablecircumstances (e.g., PVS drivers stuck in traffic,weather conditions).2. Overtime built into a non-traditional full-timeassignment (exceeding 40 hours in a week) will beFLSA overtime and not subject to Article 8.5, OTDL,or LMOU scheduling rules.3. The exception to requiring employees in NTFT dutyassignments to work overtime will be that Holidayscheduling is accomplished under Article 11 and theLMOU pecking order.4. Employees in NTFT duty assignments will be eligibleto sign the Overtime Desired List(s).5. These NTFT employees will receive postal overtimefor work performed beyond eight (8) hours on anyday where their normal schedule is eight (8) hours orless.6. If these employees’ normal schedule is longer thaneight (8) hours on any day, they will receive postalovertime only when they exceed their normalschedule for that day. (For example, an employee’snormal schedule is ten (10) hours on a given day butthe employee works eleven (11) hours on that day.Only the last hour would be subject to postalovertime.)7. For employees in NTFT duty assignments withnormal schedules of forty (40) hours or less they willreceive postal overtime when in a pay status formore than forty (40) hours in a service week. Foremployees with normal schedules in excess of316

forty (40) hours per week they will receive postalovertime when in a pay status for more than thenormal weekly scheduled hours.8. These employees will be guaranteed 8 hours on anynon-scheduled day.9. These employees will receive penalty overtime for allhours:a. For daily schedules of ten (10) or less hours,penalty overtime is paid for hours over ten (10)in a pay status;b. For daily schedules exceeding ten (10) hours,penalty overtime is not paid until hours in a paystatus exceed the scheduled hours;c. For the first non-scheduled day an employeeworks in a service week, penalty overtime ispaid for time in a pay status exceeding eight (8)hours;d. Should an employee work a second, third, orfourth non-scheduled day in a service week,penalty overtime is paid for those hours in a paystatus;e. After an employee has worked overtime on four(4) days in a service week, penalty overtime willbe paid for any subsequent hours exceeding thedaily or weekly scheduled hours.These NTFT employees will be subject to the 10, 12, 56 and60 hour limitations. [Exception: employees whose normaldaily schedule exceeded ten (10) hours would be exemptfrom the 10 hour limitation for that day.]* * *317

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOCareer Employees in Remote Encoding CentersThe percentage of career bargaining unit employees inRemote Encoding Centers shall be increased to 50% byadding 20% full-time flexible assignments. Pursuant to theMemo Re: Maximization/Full-time Flexible – APWU, theseassignments will have flexible reporting times, flexible nonscheduleddays and flexible reporting locations within theCenter, depending upon operational requirements asestablished on the preceding Wednesday. The conversionof current Transitional Employee to career status shall bein accordance with the terms of the new salary structure inthe 2010 National Agreement.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDJOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO, andNational Association of Letter Carriers, AFL-CIO)Re: Article 8Recognizing that excessive use of overtime is inconsistent withthe best interests of postal employees and the Postal Service,it is the intent of the parties in adopting changes to Article 8 tolimit overtime, to avoid excessive mandatory overtime, and toprotect the interests of employees who do not wish to workovertime, while recognizing that bona fide operationalrequirements do exist that necessitate the use of overtime from318

time to time. The parties have agreed to certain additionalrestrictions on overtime work, while agreeing to continue theuse of overtime desired lists to protect the interests of thoseemployees who do not want to work overtime, and theinterests of those who seek to work limited overtime. Theparties agree this memorandum does not give rise to anycontractual commitment beyond the provisions of Article 8, butis intended to set forth the underlying principles which broughtthe parties to agreement.The new provisions of Article 8 contain different restrictionsthan the old language. However, the new language is notintended to change existing practices relating to use ofemployees not on the overtime desired list when there areinsufficient employees on the list available to meet the overtimeneeds. For example, if there are five available employees onthe overtime desired list and five not on it, and if 10 work hoursare needed to get the mail out within the next hour, all tenemployees may be required to work overtime. But if there are2 hours within which to get the mail out, then only the five onthe overtime desired list may be required to work.The parties agree that Article 8, Section 5.G.1, does not permitthe Employer to require employees on the overtime desired listto work overtime on more than 4 of the employee’s5 scheduled days in a service week, over 8 hours on anonscheduled day, or over 6 days in a service week.Normally, employees on the overtime desired list who don’twant to work more than 10 hours a day or 56 hours a weekshall not be required to do so as long as employees who dowant to work more than 10 hours a day or 56 hours a week areavailable to do the needed work without exceeding the 12-hourand 60-hour limitations.In the Letter Carrier Craft, where management determines thatovertime or auxiliary assistance is needed on an employee’sroute on one of the employee’s regularly scheduled days and319

the employee is not on the overtime desired list, the employerwill seek to utilize auxiliary assistance, when available, ratherthan requiring the employee to work mandatory overtime.In the event these principles are contravened, the appropriatecorrection shall not obligate the Employer to any monetaryobligation, but instead will be reflected in a correction to theopportunities available within the list. In order to achieve theobjectives of this memorandum, the method of implementationof these principles shall be to provide, during the 2-weekperiod prior to the start of each calendar quarter, anopportunity for employees placing their name on the list toindicate their availability for the duration of the quarter to workin excess of 10 hours in a day. During the quarter the Employermay require employees on the overtime desired list to workthese extra hours if there is an insufficient number ofemployees available who have indicated such availability at thebeginning of the quarter.The penalty overtime provisions of Article 8.4 are not intendedto encourage or result in the use of any overtime in excess ofthe restrictions contained in Article 8.5.F.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOModified Work WeekThe parties at the local level may negotiate the establishmentand implementation of a modified work week program forAPWU bargaining unit employees in one or more PostalService operations within local installations. The modified workweek is defined as four (4) service days, each consisting of ten320

(10) hours within twelve (12) consecutive hours, except that itshall be ten (10) hours within eleven (11) consecutive hours inall offices with more than 100 full-time employees in thebargaining units. Modified work weeks can be applied only tofull-time regular duty assignments.Any such program establishing and implementing a modifiedwork week is subject to the following conditions:1. Either management or the union at the local level maychoose to negotiate or not negotiate a modified workweek. A decision by management or the union not toparticipate in a modified work week program will not besubject to the Article 30 impasse process, thegrievance/arbitration procedure, or appealable in anyother forum.2. Cancellation of either local party’s involvement in amodified work week program will be automatic upon30 days written notice. Cancellation by either party willnot be subject to the grievance/arbitration procedure orappealable in any other forum.3. Rules established by the parties at the national level inthe “Modified Work Week (10/4) Guidelines” or itsamendments must be followed.4. Alleged violations of this memorandum of understandingor any program implemented in accordance with thismemorandum are subject to the Article 15 grievanceprocedure.5. Except as provided for in this MOU or the Modified WorkWeek Guidelines, no modified work week program canbe inconsistent or in conflict with the NationalAgreement.Dated: December 18, 2001* * *321

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOModified Work Week (10/4) GuidelinesThe following rules apply to full-time employees in the APWUbargaining unit.1. OvertimeParticipants will receive postal overtime pay for workperformed only after 10 hours in a pay status on a regularlyscheduled day, or after 40 hours in a pay status in a serviceweek, and for the first 8 hours in a pay status on the first nonscheduledday worked in a service week. Non-scheduled dayguarantees remain at 8 hours.Excluding December, participants will receive penalty overtimefor all hours:• over 10 hours in a pay status on a regularly scheduledday;• over 8 hours in a pay status on the first non-scheduledday worked in a service week;• and/or in a pay status on the second and third nonscheduledday worked in a service week, if in a paystatus for any part of each of the other 5 days in thesame service week.The 56 and 60 hour limitations still apply.2. Sunday premium will be paid for all eligible straight timehours worked (i.e., 10 per workday) but shall be limitedto 16 hours per week.322

3. Leave will be charged up to 10 hours per day, thereforeit will be necessary to use ten hours leave to cover a fullday.4. Court leave will be charged the same (i.e., up to 10hours per day), however, the local parties have theoption to determine if the employee’s schedule may bechanged back to 8/5 for those weeks during which courtservice is performed.5. Military leave will be charged at 10 hours per day butmay not exceed 120 hours per year. The local partieshave the option to determine if the employee’s schedulemay be changed back to 8/5 for those weeks in whichthe employee will be on military leave for five or moredays.6. When appropriate, Administrative leave may be grantedup to 10 hours per day.7. Employees are currently provided 80 hours of holidayleave per year (10 holidays at 8 hours per holiday). Tomaintain this level of holiday leave while assigned to analternate work schedule, the local parties must elect oneof the following options prior to implementing alternatework schedules.Participants will receive 80 hours of holiday leave per yearregardless of which option is chosen.Option 1During the weeks in which a holiday or designated holiday falls,the employees revert back to an 8/5 schedule. Holiday leaveand holiday worked premium policies remain the same as forthe current 8/5 schedule.323

Option 2Washington’s Birthday and Columbus Day are consideredregular workdays and are not treated as holidays for purposesof scheduling or compensating employees in 10/4. In effect,these two holidays are spread out among the remaining8 holidays.Ten hours of holiday leave will be charged and holiday workedpremium will be limited to 10 hours on each of the 8 holidays.If a participant, in this option, enters or leaves the 10/4 workweek during the calendar year he/she will use Annual Leave orLWOP, to the extent necessary, on the remaining holidays toensure that the total holiday leave for the calendar year doesnot exceed 80 hours.Payroll and budget systems only recognize holidays withincertain weeks within certain pay periods. As such, it isnecessary to establish designated holidays somewhatdifferently from current policy. When a holiday falls on anemployee’s non-scheduled day, the employee’s firstscheduled workday preceding the holiday becomes theemployee’s designated holiday. An 8/5 employee who hasMonday as a nonscheduled day would have either thepreceding Saturday or Sunday as their designated holidaybecause one of those two days would have to be a regularlyscheduled workday. Under 10/4, an employee may haveSaturday, Sunday and Monday as their non-scheduled days,which would mean establishing the previous Friday as theirdesignated holiday. This may fall outside of the week of thepay period in which the holiday has been provided for in thepayroll and budget systems.324

Accordingly, designated holidays for 10/4 employees withthese scheduled days off (SDOs) should be established asfollows:SDOsACTUALHOLIDAYDESIGNATEDHOLIDAY1,2,3 Saturday Friday (prior)SundayTuesdayMondayTuesdayThe following schedule is to keep the employee’s designatedholiday as close to the actual holiday as possible:SDOsACTUALHOLIDAYDESIGNATEDHOLIDAY2,3,4 Sunday SaturdayMondaySaturdayTuesdayWednesday8. Employees assigned to a 10/4 schedule and who arescheduled for training programs of five or more daysmay be returned to an 8/5 schedule until the training iscompleted. For training of less than five days,employees will remain on a 10/4 schedule but willcomplete their 10 hour day as assigned bymanagement. Such assignment should be as close tothe employee’s regular assignment as practicable.9. Any and all compensation policies other than those setforth in 1 through 7 above, which are based on 8 hourdays and/or 5 day weeks for non-10/4 nonparticipants,will be based on 10 hour days and/or 4 day weeks forparticipants.* * *325

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOAPWU Administration of Overtime, Choice VacationPeriods, and Holiday WorkThe parties agree that the APWU locals and local Managementshall be given the option of one or more of the followingsystems of administration of overtime, choice vacationperiods, and holiday work. At facilities with Function 1,Function 3, and/or Function 4 activities, the local parties mayjointly opt into one or more of these systems. Thereafter, eitherlocal party may opt out of one or more of these systems, on aquarterly basis, with 30 days notice to the other local party.• The Employer shall inform the Union of its determinationof its needs for overtime, including how manyemployees with what skills and in what sections, andhow much overtime is needed. The Union will notify thequalified and available employees who are to work andlikewise the Employer will be notified as to theemployees who have been scheduled to work.• The Union shall administer employees’ choice ofvacation periods pursuant to the guaranteed leaveprovision of the applicable Local Memorandum ofUnderstanding and provisions of the CollectiveBargaining Agreement.• The Union shall administer the system for selectingemployees for holiday work. The Employer shall informthe Union of its determination of its needs for holidaywork, including how many employees with what skillsare needed. The Union will identify to the Employer the326

qualified and available employees who meet theEmployer’s needs and also notify the employees whoare to work.The administration of these provisions shall be in accordancewith the National Agreement and applicable LocalMemorandums of Understanding. If the Local errs in theadministration of these provisions, the remedy for theadversely affected employee(s) shall be to provide makeupopportunities for work or leave of the amount and type thatwas mistakenly assigned.The Union shall select one or more representatives to carry outthe above administrative responsibilities and theserepresentatives shall be granted the time necessary to do so. Ifno one from the Union is available to make the decision,Management will do so pursuant to the National Agreementand Local Memorandum of Understanding.Before a Local assumes these administrative responsibilities,the local parties shall be provided training by the nationalparties.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO and NationalAssociation of Letter Carriers, AFL-CIO)Re:Granting Step IncreasesThe parties agree that periodic step increases will not bewithheld for reason of unsatisfactory performance and that allother aspects of the current step increase procedures remain327

unchanged, unless otherwise provided for by the 1990National Agreement.The Employee and Labor Relations Manual (ELM) shall beamended to conform with the above stated agreement.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOAnnual Leave Exchange OptionThe parties agree that APWU career employees will be allowedto sell back a maximum of forty (40) hours of annual leave priorto the beginning of the leave year provided the following two (2)criteria are met:1. The employee must be at the maximum leave carry-overceiling at the start of the leave year, and2. The employee must have used fewer than 75 sick leavehours in the leave year immediately preceding the yearfor which the leave is being exchanged.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe: Sick Leave for Dependent CareThe parties agree that, during the term of the 2010 NationalAgreement, sick leave may be used by an employee to givecare or otherwise attend to a family member having an illness,injury or other condition which, if an employee had such328

condition, would justify the use of sick leave by that employee.Family members shall include son or daughter, parent andspouse as defined in ELM Section 515.2. Up to 80 hours ofsick leave may be used for dependent care in any leave year.Approval of sick leave for dependent care will be subject tonormal procedures for leave approval.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO and NationalAssociation of Letter Carriers, AFL-CIO)Re:Annual Leave CarryoverThe parties agree that, as soon as practicable after the signingof the 1990 National Agreement, the applicable handbooksand manuals will be modified to provide revised regulations forannual leave carryover as follows:a. Regular work force employees covered by thisagreement may carry over 440 hours ofaccumulated annual leave beginning with leavecarried over from leave year 1990 to leave year1991.b. Employees who fall under the provisions of PublicLaw 83-102 and who have maintained a carryoverof more than 440 hours cannot increase theirpresent ceiling.c. The parties agree that ELM 512.73d shall bechanged to reflect that any employee covered bythe APWU/NALC National Agreement is not paidfor annual leave in excess of 55 days. In all other329

espects, the ELM provisions for payment ofaccumulated leave are not changed because of thisMemorandum.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO and NationalAssociation of Letter Carriers, AFL-CIO)Re: PTF Court Leave1. Effective September 26, 1987, part-time flexibleemployees who have completed their probationaryperiod shall be eligible for court leave as defined inEmployee and Labor Relations Manual Part 516.1 andPart 516.31.2. Appropriate provisions of the applicable handbooks andmanuals shall be amended to carry out these changesconsistent with the principles expressed in paragraphs3, 4, and 5 below. The handbooks and manuals,including Part 516 of the Employee and Labor RelationsManual, shall be amended pursuant to Article 19, exceptthat the sixty (60) day notice of such changes shall bewaived.3. A part-time flexible employee will be eligible for courtleave if the employee would otherwise have been in awork status or annual leave status. If there is a questionconcerning the status, the part-time flexible employeewill be eligible if the employee was in work status orannual leave status on any day during the pay periodimmediately preceding the period of court leave.330

4. If eligibility is established under paragraph 3, the specificamount of court leave for an eligible part-time flexibleemployee shall be determined on a daily basis as setforth below:a. If previously scheduled, the number of straight-timehours the Employer scheduled the part-timeflexible employee to work;b. If not previously scheduled, the number of hoursthe part-time flexible employee worked on thesame service day during the service weekimmediately preceding the period of court leave;c. If not previously scheduled and if no work wasperformed on the same day in the service weekimmediately preceding the period of court leave,the guarantee as provided in Article 8, Section 8, ofthe National Agreement, provided the part-timeflexible would otherwise have been requested orscheduled to work on the day for which court leaveis requested.5. The amount of court leave for part-time flexibleemployees shall not exceed 8 hours in a service day or40 hours in a service week.Date: July 21, 1987* * *331

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO and NationalAssociation of Letter Carriers, AFL-CIO)Re: Leave PolicyThe parties agree that local attendance or leave instructions,guidelines, or procedures that directly relate to wages, hours,or working conditions of employees covered by thisAgreement, may not be inconsistent or in conflict withArticle 10 or the Employee and Labor Relations Manual,Subchapter 510.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO and NationalAssociation of Letter Carriers, AFL-CIO)Re:Paid Leave and LWOPThe parties agree that an employee need not exhaust annualleave and/or sick leave before requesting leave without pay. Assoon as practicable after the signing of the 1990 NationalAgreement, Employee and Labor Relations Manual (ELM)Exhibit 514.4(d) will be amended to conform to this Agreement.The parties further agree that this Memorandum does notaffect the administrative discretion set forth in ELMPart 514.22, nor is it intended to encourage any additionalleave usage.(The preceding MOU applies to APWU PSEs)* * *332

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOLeave SharingThe Postal Service will continue a Leave Sharing Programduring the term of the 2010 Agreement under which careerpostal employees are able to donate annual leave from theirearned annual leave account to another career postalemployee, within the same geographic area serviced by apostal district. In addition, career postal employees maydonate annual leave to other family members that are careerpostal employees without restriction as to geographic location.Family members shall include son or daughter, parent, andspouse as defined in ELM Section 515.2. Single donationsmust be of 8 or more whole hours and may not exceed half ofthe amount of annual leave earned each year based on theleave earnings category of the donor at the time of donation.Sick leave, unearned annual leave, and annual leave hourssubject to forfeiture (leave in excess of the maximum carryoverwhich the employee would not be permitted to use before theend of the leave year), may not be donated, and employeesmay not donate leave to their immediate supervisors.To be eligible to receive donated leave, a career employee(a) must be incapacitated for available postal duties due toserious personal health conditions including pregnancy and(b) must be known or expected to miss at least 40 more hoursfrom work than his or her own annual leave and/or sick leavebalance(s), as applicable, will cover, and (c) must have his orher absence approved pursuant to standard attendancepolicies. Donated leave may be used to cover the 40 hours ofLWOP required to be eligible for leave sharing.333

For purposes other than pay and legally required payrolldeductions, employees using donated leave will be subject toregulations applicable to employees in LWOP status and willnot earn any type of leave while using donated leave.Donated leave may be carried over from one leave year to thenext without limitation. Donated leave not actually usedremains in the recipient’s account (i.e., is not restored todonors). Such residual donated leave at any time may beapplied against negative leave balances caused by a medicalexigency. At separation, any remaining donated leave balancewill be paid in a lump sum.NOTE: GRIEVANCE NUMBER Q90C-4QC 94013818 ISWITHDRAWN.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOBereavement LeaveAPWU represented employees may use a total of up to threeworkdays of annual leave, sick leave or leave without pay, tomake arrangements necessitated by the death of a familymember or attend the funeral of a family member.Authorization of leave beyond three workdays is subject to theconditions and requirements of Article 10 of the NationalAgreement, Subsection 510 of the Employee and LaborRelations Manual and the applicable local memorandum ofunderstanding provisions.334

Definition of Family Member. “Family member” is defined as a:(a)(b)(c)(d)(e)Son or daughter — a biological or adopted child,stepchild, daughter-in-law or son-in-law;Spouse;Parent; orSibling — brother, sister, brother-in-law or sisterin-law;orGrandparent.Use of Sick Leave. For employees opting to use available sickleave, the leave will be charged to sick leave for dependentcare, if eligible.Documentation. Documentation evidencing the death of theemployee’s family member is required only when thesupervisor deems documentation desirable for the protectionof the interest of the Postal Service.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOTime Limitations Concerning Bone Marrow, StemCell, Blood Platelet, and Organ DonationsAs to the time limitations applicable to bone marrow, stem cell,blood platelet, and organ donations, the parties agree themaximum administrative leave that can be granted per leaveyear to cover qualification and donation is limited to thefollowing:335

a. A full-time or part-time regular career employee islimited to:(1) For bone marrow, up to 7 days;(2) For stem cells, up to 7 days;(3) For blood platelets, up to 7 days; and(4) For organs, up to 30 days.b. A part-time flexible or transitional employee may begranted leave up to the limits set forth above. The amount ofleave that may be granted will be based on the employee’saverage daily work hours in the preceding 26 weeks, but not toexceed 8 hours per day.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOArticle 12.5.B.2The parties agree that Article 12.5.B.2 shall be amended toinclude the need to identify duty assignments within theappropriate radius currently held by PSEs which shall bemade available for the reassignment of excess careeremployees.* * *336

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOArticle 12.5.C.5.b(6)…In the Clerk Craft, an employee(s) involuntarily reassignedshall be entitled at the time of such reassignment to file awritten request to return to the first vacancy [in the same orlower salary level] in the craft and installation from whichreassigned. Such request for retreat rights must indicatewhether the employee(s) desires to retreat to the same, lower,and/or higher salary level assignment and, if so, what salarylevel(s). The employee(s) shall have the right to bid forvacancies within the former installation and the written requestfor retreat rights shall serve as a bid for vacancies in the levelfrom which the employee was reassigned and for all residualvacancies in other levels for which the employee hasexpressed a desire to retreat. The employee(s) may retreat toonly those [lower level] assignments for which the employee(s)would have been eligible to bid. If vacancies are available in thespecified lower, higher or same salary level [and in the salarylevel], the employee will be given the option.Repostings occurring pursuant to Article 37, Sections 3.A.4.a,3.A.4.b, and 3.A.4.c, are specifically excluded from theapplication of this subsection.Withdrawal of a bid or failure to qualify for a vacancy orresidual vacancy terminates retreat rights to the level of thevacancy. Furthermore, employees(s) electing to retreat to alower level are not entitled to salary protection.* * *337

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOCross Craft ReassignmentsIn instances where employees represented by the APWU willbe involuntarily reassigned outside the installation, employeesmay be reassigned to other APWU crafts outside theinstallation. Such employees who meet the minimumqualifications will be afforded their option of availablevacancies by seniority.This memorandum does not affect any other rights that MotorVehicle Craft employees may possess under the provisions ofArticle 12.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOTransfersThe parties agree that the following procedures will be followedwhen career Postal employees request reassignment from onePostal installation to another.Reassignments (Transfers)A. Installation heads may continue to fill authorizedvacancies first through promotion, internal reassignmentand change to lower level, transfer from other agencies,338

einstatements, etc., consistent with existing regulationsand applicable provisions of the National Agreement.B. Installation heads will afford full consideration to allreassignment requests from employees in other geographicalareas within the Postal Service. The requests will beconsidered in the order received consistent with the vacanciesbeing filled and type of positions requested. Such requestsfrom qualified employees, consistent with the provisions of thismemorandum, will not be unreasonably denied. Localeconomic and unemployment conditions, as well as EEOfactors, are valid concerns. When hiring from entranceregisters is justified based on these local conditions, anattempt should be made to fill vacancies from both sources.Except in the most unusual of circumstances, if there aresufficient qualified applicants for reassignment at least one outof every four vacancies will be filled by granting requests forreassignment in all offices of 100 or more man-years ifsufficient requests from qualified applicants have beenreceived. In offices of less than 100 man-years a cumulativeratio of 1 out of 6 for the duration of the National Agreementwill apply.C. Districts will maintain a record of the requests forreassignment received in the offices within their area ofresponsibility. This record may be reviewed by the Union on anannual basis upon request. Additionally, on a semiannual basislocal Unions may request information necessary to determine ifa 1 out of 4 ratio is being met between reassignments andhires from the entrance registers in all offices of 100 or moreman-years.D. Managers will give full consideration to the work,attendance, and safety records of all employees who areconsidered for reassignment. An employee must have anacceptable work, attendance, and safety record and meet theminimum qualifications for all positions to which they request339

eassignment. Both the gaining and losing installation headmust be fair in their evaluations. Evaluations must be valid andto the point, with unsatisfactory work records accuratelydocumented.1. For reassignments within the geographical areacovered by a District or to the geographical areacovered by adjacent Districts, the following applies:An employee must have at least eighteen monthsof service in their present installation prior torequesting reassignment to another installation.Employees reassigned to installations under theprovisions of this memorandum must remain in thenew installation for a period of eighteen months,unless released by the installation head earlier,before being eligible to be considered forreassignment again, with the following exceptions:1.) in the case of an employee who requests toreturn to the installation where he/she previouslyworked; 2.) where an employee can substantiallyincrease the number of hours (8 or more hours perweek) by transferring to another installation and theemployee meets the other criteria, in which casethe lock-in period will be 12 months. Employeesserving under craft lock-in periods per theprovisions of the National Agreement must satisfythose lock-ins prior to being reassigned to otherinstallations. These transfers are included in the1 out of 4 ratio.2. For all other reassignments, the following applies:An employee must have at least one year of servicein their present installation prior to requestingreassignment to another installation. Employeesreassigned to installations under the provisions ofthis memorandum must remain in the newinstallation for a period of one year, unless released340

y the installation head earlier, before being eligibleto be considered for reassignment again, except inthe case of an employee who requests to return tothe installation where he/she previously worked.Employees serving under craft lock-in periods perthe provisions of the National Agreement mustsatisfy those lock-ins prior to being reassigned toother installations.E. Installation heads in the gaining installation will contactthe installation head of the losing installation and arrange formutually agreeable reassignment and reporting dates. Aminimum of thirty days notice to the losing office will beafforded. Except in the event of unusual circumstances at thelosing installations, reasonable time will be provided to allowthe installation time to fill vacancies, however, this time shouldnot exceed ninety days.F. Reassignments granted to a position in the same gradewill be at the same grade and step. Step increase anniversarieswill be maintained. Where voluntary reassignments are to aposition at a lower level, employees will be assigned to thestep in the lower grade consistent with Part 420 of theEmployee and Labor Relations Manual.G. Employees reassigned under these provisions will bereassigned consistent with the provisions of the appropriatecraft article contained in the National Agreement. Employeeswill not be reassigned to full-time regular positions to thedetriment of career part-time flexible employees who areavailable for conversion at the gaining installation. Seniority foremployees transferred per this memorandum will beestablished consistent with the provisions of the NationalAgreement.341

H. Relocation expenses will not be paid by the PostalService incident to voluntary reassignment. Such expenses, aswell as any resulting interview expenses, must be borne byemployees.I. Under no circumstances will employees be requested orrequired to resign, and then be reinstated in order tocircumvent these pay provisions, or to provide for an additionalprobationary period.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOExcessingThe Postal Service will provide the Union information at thenational level regarding consolidating postal installations, whenthose consolidations result in a major relocation of employees.Re:* * *MEMORANDUM OF AGREEMENTBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOMinimizing ExcessingIn order to minimize the impact on the employees and theoperation, the parties agree to the following provisions tocurtail or minimize the involuntary excessing andreassignment of employees outside their installation orcraft for the term of the 2010 National Agreement.342

Employees will have the opportunity to voluntarily transferpursuant to the provisions of the Memorandum ofUnderstanding Re: Transfer Opportunities to MinimizeExcessing. For purposes of this identified opportunity, therestriction in item 7 of that MOU is lifted so that withheldvacancies are available.The Postal Service will review its operations 1) to createnew and/or more efficient assignments within theinstallation that might lessen the excessing need and 2) tolook for scheduling opportunities to offer assignmentswhich are consistent with local operational needs andreduce/eliminate the need to excess.When employees are not able to be placed within theirinstallation and craft, the parties will meet to discussoptions to avoid or minimize involuntary excessing, suchas modifying work schedules, and will determine whatoptions will be implemented. If there remains a need toplace employees after exhaustion of any agreed-toactions, excessing outside the installation or craft must beto an assignment within forty (40) miles from the losinginstallation, or fifty (50) miles if reassignment within forty(40) miles is not feasible. If in unusual situations there areinsufficient residual vacancies available for placementwithin fifty (50) miles, the parties will determine what stepsmay be taken.Withheld jobs not filled under the above procedure willremain vacant until it is determined that they no longerneed to be withheld.If a need still exists to reassign employees who have beennotified of pending excessing after the steps above havebeen taken, such employees given notice of reassignmentpursuant to Article 12 prior to the effective date of thisAgreement may be reassigned.343

Anyone currently scheduled to be excessed who wishes togo will be allowed to do so.Any disputes arising out of this memorandum will behandled in accordance with the Memorandum ofUnderstanding Re: Administrative Dispute ResolutionProcedures.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORehabilitation IssuesThe parties have been unable to agree as to TemporaryAssignment, Reassignment or Reemployment in APWURepresented Crafts of Employees Injured on or off duty oremployees with job related illnesses. Accordingly, theparties agree as follows:1) The Parties will submit to the Department ofJustice’s Office of Legal Counsel (“OLC”) proposedlanguage concerning a possible resolution of theabove dispute.2) In the event the Department of Justice eitherdetermines that the language does not comply withapplicable law or declines to issue anydetermination, the parties agree to submit to interestarbitration the dispute concerning the temporaryassignment, reassignment or reemployment inAPWU represented crafts of employees injured onduty or employees with job related illnesses.344

3) The parties will, immediately upon the signing of thisAgreement, begin to select a neutral arbitrator andto develop the procedures and processes for suchan interest arbitration.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOHeadquarters Threat Assessment Team/WorkplaceEnvironment ImprovementThe parties agree that partnership is required to improve theworkplace environment. In support of this partnership, theparties agree that the American Postal Workers Union,AFL-CIO (APWU) will participate on the Headquarters ThreatAssessment Team (HAT).The Postal Service also agrees that, at the request of theAPWU, the parties will meet to discuss matters concerningtroubled workplaces or workplace environment improvementwhich are of particular concern to the APWU. Withconcurrence of the APWU, relevant information from thesemeetings may be shared with the other participants of the HAT.The HAT will serve as consultants to the parties regardingworkplace environment issues.* * *345

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL•CIODistrict Safety Committees Pilot ProgramThe United States Postal Service and the American PostalWorkers Union, AFL-CIO, agree that it is in their mutualinterest to have an effective health and safety program. Tothat end, the parties agree to pilot district safetycommittees in each area during the term of the 2010National Agreement.Under the pilot program, district safety committees will bephased in incrementally and will consist of two membersfrom each party; with management members selected bythe District Manager or designee and union membersselected by the APWU President or designee. Districtsafety committees will meet quarterly. Either party mayrequest a special meeting of the committee. District safetycommittees are responsible for assisting in implementingdistrict-wide safety initiatives, facilitating communicationbetween area and local safety committees, and assistinglocal committees as determined by the District Managerand Union. Area Safety Committees are responsible forassisting and monitoring district committees within theirjurisdiction during the test period.The USPS/APWU National Joint Labor Management SafetyCommittee will create the guidelines for districtcommittees. The National Joint Labor Management SafetyCommittee will also establish a methodology for assessingthe effectiveness of district safety committees during thetest period, and will provide quarterly evaluation reports346

and recommendations to the APWU President and thePostal Service Vice President, Labor Relations.It is understood that nothing in this Memorandum ofUnderstanding is intended to add or detract frommanagement or union rights as found in the NationalAgreement.This memorandum expires with the 2010 NationalAgreement.Date: December 8, 2010Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOOffsite Safety and Health ProgramIt is the responsibility of management to provide safe workingconditions. The Union will cooperate with and assistmanagement to live up to this responsibility.The Postal Service Safety and Health Program and OSHAstandards and regulations cover Postal Service employeeswho perform Postal Service duties in private employers’establishments and while delivering mail and performing otheractivities off Postal Service property. To ensure that employeesare protected, safe and healthful working conditions must beprovided through engineering and administrative controls,personal protective equipment, enforcement of safe workpractices, withdrawal of employees from the private sectorfacility, and, if necessary, curtailment of mail. The purpose ofroutine safety and health program evaluations is to measurethe effectiveness of the Postal Service Safety and Health347

Program at each organizational level, ensure OSHAcompliance, and promote a model for effective safety andhealth programs. The Postal Service will ensure that the workarea(s) and equipment for APWU represented employees inoffsite locations are safe.The National Joint Labor Management Safety and HealthCommittee will discuss and work toward creating animplementation process to ensure employees in offsitelocations are fully protected by the Postal Service’s Safety andHealth Program.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOExpedited ArbitrationThe United States Postal Service and the American PostalWorkers Union, AFL-CIO, agree to hear the following issues inthe Expedited Arbitration forum:1. Individual Overtime Issues2. Withholding of Step Increases3. Individual Leave Requests Concerning Annual Leave,Sick Leave, Leave Without Pay, Court Leave, RestrictedSick Leave, and Requests for Medical Certification4. AWOL5. Individual Holiday Scheduling Issues6. Suspensions (Except Emergency Suspensions)7. Article 25, Higher Level Assignments348

8. Employee Claims9. Letters of Demand of Less Than $2,00010. Individual Clerk Craft Seniority Disputes11. Such Other Matters as are Mutually Agreeable at theArea/Regional LevelThis agreement does not change either party’s right to refer anexpedited case to regular arbitration in accordance with theapplicable procedures of Article 15, Section 5.C., of theNational Agreement.The parties at the National level will continue to attempt toidentify and agree upon additional issues to be referred toExpedited Arbitration at the Area/Regional level in accordancewith Section 5.C. of Article 15 of the National Agreement.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO and NationalAssociation of Letter Carriers, AFL-CIO)Re:Processing of Post Removal GrievancesThe parties agree that the processing and/or arbitration of anon-disciplinary grievance is not barred by the final dispositionof the removal of the grievant, if that non-disciplinary grievanceis not related to the removal action.* * *349

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOInterest on Back PayWhere an arbitration award specifies that an employee isentitled to back pay in a case involving disciplinary suspensionor removal, the Employer shall pay interest on such back payat the Federal Judgment Rate. This shall apply to cases heardin arbitration after the effective date of the 1990 Agreement.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORole of Inspection Service in Labor RelationsMattersThe parties recognize the role of the Postal Inspection Servicein the operation of the Postal Service and its responsibility toprovide protection to our employees, security to the mail andservice to our customers.Postal Inspection Service policy does not condone disrespectby Inspectors in dealing with any individual. The PostalInspection Service has an obligation to comply fully with theletter and spirit of the National Agreement between the UnitedStates Postal Service and the American Postal Workers Union,AFL-CIO and will not interfere in the dispute resolution processas it relates to Articles 15 and 16.350

The parties further acknowledge the necessity of anindependent review of the facts by management prior to theissuance of disciplinary action, emergency procedures,indefinite suspensions, enforced leave or administrativeactions. Inspectors will not make recommendations, provideopinions, or attempt to influence management personnelregarding a particular disciplinary action, as defined above.Nothing in this document is meant to preclude or limit PostalService management from reviewing Inspection Servicedocuments in deciding to issue discipline.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOJoint Contract Interpretation ManualThe United States Postal Service and the American PostalWorkers Union have engaged in extensive discussion on waysto improve the parties’ workplace relationship, as well as waysto improve the Grievance/Arbitration procedure. Accordingly,the parties have agreed to establish a joint contract manualthat will contain the joint interpretation of contract provisions.The parties will be bound by these joint interpretations andgrievances will not be filed asserting a position contrary to ajoint interpretation. The parties agree to initiate the process ofestablishing a joint contract interpretation manual no later than90 days from the signing of this agreement.* * *351

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOAdministrative Dispute Resolution ProceduresThe U.S. Postal Service and the American Postal WorkersUnion, AFL-CIO (APWU) agree to continue AdministrativeDispute Resolution Procedures (ADRP) to help resolvecomplex disputes as they arise during the course of thecollective bargaining agreement. The ADRP will be used toresolve those disputes identified by the parties without thefiling of any grievances. A listing of subjects for considerationin the ADRP will be submitted by the parties at the nationallevel within 30 days following the effective date of thisMemorandum of Understanding. By mutual agreement, theparties at the national level may continue to add subjects to theoriginal listing.For each subject(s), the Employer and the Union will designateindividuals at the national level who will be responsible fordiscussing and, where possible, for resolving any disputesconcerning the referenced subject(s). When a specific subjectis under consideration in the ADRP, any grievance(s)concerning that identified subject will be removed from theGrievance/Arbitration Procedure and forwarded to the ADRP.Where a grievance(s) has been filed and the subject of thatgrievance subsequently comes under consideration by theADRP, such grievance(s) will be removed and forwarded to theADRP.The national level designees will be responsible for meetingregularly to resolve pending disputes. No special forms,appeals or paper work will be necessary to utilize the ADRP.When the designees cannot agree upon a resolution, either352

party may declare an impasse. Each party will identify the issuein dispute in writing within 30 days after the declared impasseon the subject. The identified dispute will then be placed on theappropriate arbitration docket.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOStep 4 ProceduresThis memorandum represents the parties’ agreement withregard to withdrawing a grievance from regional arbitration andreferring the dispute to Step 4 of the grievance procedure.If a case is withdrawn from regional arbitration, and the disputereferred to Step 4, and then remanded as non-interpretive, itwill be returned directly to regional arbitration to be heardbefore the same arbitrator who was scheduled to hear the caseat the time of the referral to Step 4. Additionally, if the hearinghad opened, the case will be returned to the same stage ofarbitration.The party referring the dispute to Step 4 from arbitration on theday of the hearing or after the hearing opens shall pay the fullcosts of the arbitrator for that date unless another scheduledcase is heard on that date by the arbitrator.* * *353

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOTimeliness Regarding Step 2(h) AppealsWhen the Union incorrectly appeals a grievance underArticle 15.2 Step 2(h) to Step 3 rather than to arbitration, andcan show the appeal was made timely, Management will notconsider timeliness as a waiver of the grievance. If no timelyappeal to Step 3 can be established by the Union thenManagement retains the right to raise the timeliness issue.This memorandum includes the scenario where the unionincorrectly appeals a grievance under Article 15.2 Step 2(h)directly to arbitration that should have been appealed toStep 3. The grievance will not be waived as untimely providedthe union can show a timely appeal to arbitration. If no timelyappeal can be established by the union, then managementretains the right to raise the timeliness issue.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOGrievance/Arbitration Appeals Address Change Dueto Organizational Structure ChangesDue to recent organizational structure changes, the PostalService has closed the six Area Grievance/ArbitrationProcessing Centers, also known as Service Centers. Theduties related to the processing of Step 3 grievance354

appeals, appeals to arbitration, arbitration hearingscheduling and all related duties that were performed inthe six centers have been transferred to the new LaborRelations Service Center at Postal Service Headquarters inWashington, D.C.Wherever references are made in the parties’ NationalAgreement that a notice, appeal or other information is tobe sent to the “appropriate management official at theGrievance/Arbitration Processing Center”, it means that itshall be sent to the Headquarters Labor Relations ServiceCenter at the following address:Labor Relations Service CenterAttention: AppealsUnited States Postal ServicePO BOX 23788Washington, DC 20026-3788The parties agree that the Union’s designatedrepresentatives shall send all appeals and relatedinformation to the Headquarters Labor Relations ServiceCenter at the above address.The parties agree that this MOU will remain in effect untiland unless otherwise modified by agreement of the partiesat the National level.* * *355

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOPilot Grievance-Arbitration ProceduresThe parties agree to meet within 90 days from the signing ofthe National Agreement to jointly develop and pilot newgrievance/arbitration procedures designed to effectivelyensure local contract compliance, improve the labor climateand foster more professional relationships.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOArticle 15.5.A.9 Intervention Notification – Jurisdictionalor Work AssignmentPursuant to Article 15.5.A.9, the parties agree that in anyarbitration proceeding in which a Union feels that its interestsmay be affected, it shall be entitled to intervene and participatein such arbitration proceeding. The parties agree that within 30days of receiving the appeal to arbitration of jurisdictional orwork assignment cases the interested non-party Union shall beprovided a copy of the moving papers.Immediately upon scheduling the jurisdictional or workassignment cases for arbitration, the interested non-partyUnion shall be entitled to intervene, and shall be informed ofthe date, time and location of the arbitration.* * *356

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIODiscipline Task ForceThe parties agree to have at the national level the “Task Forceon Discipline.” The Task Force shall have two representativesof the APWU and two representatives of the USPS.The purpose of the Task Force shall be to study the manner inwhich discipline is administered by the USPS, the manner inwhich disputes about discipline are handled by the parties, andto recommend changes and improvements which can be madein the discipline and dispute resolution systems.The Task Force is authorized, at its discretion, to conduct testsof alternative discipline and dispute resolution systems invarious facilities, as well as intervene at Local Installationswherein the parties agree that problems on discipline warrantsome type of action.The Task Force is further authorized to review and approverequests made by local parties to implement modifiedgrievance/arbitration procedures, as well as alternativediscipline systems.No action or recommendations may be taken by the TaskForce except by a consensus of its parties. In addition, eachArea shall develop and maintain a discipline Task Force toreview and compile statistics on the implementation ofdiscipline and determine if intervention at a local installation iswarranted by the parties.Nothing herein shall preclude any of the parties from exercisingthe rights which they may otherwise have.* * *357

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOPurge of Warning LettersThe parties agree that there will be a one-time purge ofOfficial Disciplinary Letters of Warning from the personnelfolders of all employees represented by the AmericanPostal Workers Union, AFL-CIO. To qualify to be purged, aLetter of Warning must meet the following conditions:1. An issue date prior to the effective date of the 2010National Agreement between the parties;2. The Letter of Warning has been in effect for 6months and has not been cited as an element ofprior discipline in any subsequent disciplinary action;3. The Letter of Warning was not issued in lieu of asuspension or a removal action;4. All grievances associated with any discipline purgedas a result of this Memorandum shall be withdrawn.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIONational Labor Management MeetingsThe parties confirm their mutual commitment to fully utilizethe provisions of Article 17, Section 5 of their CollectiveBargaining Agreement in order to share information and358

esolve issues. The parties agree that it is essential thatAPWU National Officers and Postal Service Executive andSenior Operations Management communicate regularly.The parties will pre-schedule bimonthly meetings at leastsix (6) months in advance to help assure the availability ofkey people. In addition to scheduled meetings the partieswill also meet in a timely fashion when issues arise.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe: Article 21.11. The method for determining the Employer bi-weeklycontributions to the cost of employee health insurancefor those APWU career employees enrolled in the APWUHealth Plan Consumer Driven Self or Consumer DrivenFamily options (FEHBP Codes 474 and 475) shall be asfollows:a) The bi-weekly Employer contribution for APWUHealth Plan Consumer Driven Self option orConsumer Driven Family option will be 95% of thetotal premium, subject to the conditions in parts1.(b) and 1.(c).b) The limitation upon the Employer’s contributiontoward the APWU Health Plan Consumer DrivenSelf and Consumer Driven Family options shall be79% of the weighted average bi-weekly premiumsunder the FEHBP as determined by the Officeof Personnel Management in January 2012,January 2013, January 2014, January 2015, andJanuary 2016.359

c) Employees will receive the above Employercontribution in the APWU Health Plan ConsumerDriven Self or Consumer Driven Family plans onlyafter those employees are first enrolled in a FEHBPplan for a period of one full year. Otherwise, theEmployer contribution for these Employees whomay choose to enroll in the APWU Health PlanConsumer Driven Self or Consumer Driven Familyplans shall be the same as the contribution forother plans under this Agreement.2. The Employer contribution for the APWU High Selfand High Family plan options (FEHBP codes 471 and472) will be the lesser of:a) the Employer share of the OPM weightedaverage bi-weekly premium in a given plan year,as provided in Article 21.1.B or;b) 84.5% of the total premium for the APWU Highplan options.3. After an initial appointment for a 360-day term andupon reappointment to another 360-day term, anyeligible non-career PSE who wishes to participate inthe Federal Employees Health Benefits (FEHB)Program on a pre-tax basis will be required to makean election to do so in accordance with proceduresto be published as soon as administrativelypracticable. A previous appointment as a transitionalemployee will count toward qualifying forparticipation in FEHB, in accordance with the Officeof Personnel Management (OPM) regulations. Thetotal cost of health insurance is the responsibility ofthe PSE, except as provided below.360

a. The Postal Service will make a contribution inthe amount of 75% of the total premium for anyeligible PSE who selects the APWU ConsumerDriven Self or Family Health Plan.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe: Terminal Pay ProcessAny employee who is eligible for terminal payout(s) cancontact the office from which they retired or separatedfrom and make the appropriate arrangements.Management at such offices shall promptly distributeterminal checks according to the request of the formeremployee.* * *Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOStamp Stock TolerancesThe Financial Handbook for Postal Offices (F-1) shall berevised to reflect the following:Amount of Stamp Stock ToleranceUp to $30,000.00 $ 50.00$30,000.01 to $60,000.00 $100.00Above $60,000.00 $150.00* * *361

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOReinstatement of Driving PrivilegeIt is hereby agreed by the United States Postal Service and theAmerican Postal Workers Union, AFL-CIO that:1. The safety and health of employees is of significantconcern to the parties signatory to this Memorandum ofUnderstanding. Accordingly, the parties further agreethat the following is not intended to provide drivingprivileges to an employee when such privilege wouldplace the safety of the public or the employee at risk.2. The mere fact that an employee was involved in avehicle accident is not sufficient to warrant automaticsuspension or revocation of driving privileges or theautomatic application of discipline.3. When an employee’s driving privilege is temporarilysuspended as a result of a vehicle accident, a full reviewof the accident will be made as soon as possible, but notlater than fourteen (14) days, and the employee’s drivingprivileges must either be reinstated, suspended for aspecified period of time not to exceed sixty (60) days, orrevoked as warranted. If the decision is to suspend orrevoke the employee’s driving privilege, the employeewill be provided, in writing, the reason(s) for such action.4. If an employee requests that a revoked or suspendeddriving privilege be reinstated, Management will reviewthe request and make a decision as soon as possiblebut not later than 45 days from the date of theemployee’s request. If the decision is to deny the362

equest, the employee will be provided with a writtendecision stating the reasons for the decision.The Management review must give careful considerationto:– the nature, severity and recency of the incident(s)which led to the revocation or suspension;– any driver’s training or retraining coursescompleted from private schools, state sponsoredcourses, or Postal Service training programs,especially when directly relevant to the incident(s)that led to the revocation;– successful participation in an EAP program, whenrelevant to the reasons for revocation;– the employee’s state driving record consistent withthe criteria for initial certification of driving privilegeas stated in the applicable Handbook. TheEmployer may waive these criteria if warranted inlight of the other factors listed above.5. This Memorandum of Understanding is not intended todefine the conditions or circumstances for which anemployee’s driving privilege may be suspended orrevoked.Date: November 1998* * *363

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOLocal ImplementationIt is hereby agreed by the United States Postal Service and theAmerican Postal Workers Union, AFL-CIO that the followingprocedures will apply to the implementation of Article 30 duringthe 2010 local implementation period.1. The 30 consecutive day period for 2010 localimplementation will commence on August 1, 2011 andterminate on September 30, 2011.If no party provides written notification of its intent toinvoke the local implementation process prior toAugust 15, 2011, presently effective Memoranda ofUnderstanding not inconsistent or in conflict with the2010 National Agreement shall remain in effect duringthe term of this Agreement. Initial proposals must beexchanged within the first twenty one (21) days of the 30consecutive day local implementation period.2. In the event that any issue(s) remains in dispute at theend of the thirty (30) consecutive day localimplementation period, each party shall identify suchissue(s) in writing. Initialed copies of this writtenstatement and copies of all proposals andcounterproposals pertinent to the issue(s) in dispute willbe furnished by the appropriate local party to theappropriate management official at the grievance/arbitration processing center, of the Employer withcopies to the Postmaster, local Union President and theUnion’s Regional Representative no later thanOctober 15, 2011. Inclusion of any matter in the written364

statement does not necessarily reflect the agreement ofeither of the parties that such matter is properly subjectto local implementation.3. The appropriate management official at the Area officeand the Regional Union representative shall attempt toresolve the matters in dispute within seventy-five (75)days after the expiration of the 60 day localimplementation period. The appropriate managementofficial at the Area office and the Regional Unionrepresentative will have full authority to resolve all issuesstill in dispute.4. If the parties identified in paragraph 3 above are unableto reach agreement at the Regional level during theseventy-five (75) day period provided for above, theissue(s) may be appealed to final and binding arbitrationby the National Union President or the Vice President,Labor Relations no later than twenty-one (21) days of theend of the seventy-five (75) day period.5. The parties at the Area level will select sufficientarbitrators from the Regular Contract panel to ensurethat issues appealed are heard within 60 days of theappeal to arbitration.6. Where there is no agreement and the matter is notreferred to the appropriate management official at thegrievance/arbitration processing center or to arbitration,the provision(s), if any, of the former Local Memorandumof Understanding shall apply unless inconsistent with orin conflict with the 2010 National Agreement.7. Where a dispute exists as to whether an item in theformer Local Memorandum of Understanding isinconsistent or in conflict with the 2010 NationalAgreement, such dispute will be processed inaccordance with the procedures outlined in two (2)365

through four (4) above. Items declared to be inconsistentor in conflict shall remain in effect until four (4) monthshave elapsed from the conclusion of the localimplementation period under the 2010 NationalAgreement.This Memorandum of Understanding expires with theexpiration of the 2010 National Agreement.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOLMOUs for Offices Without a Local Union StructureThe parties agree to jointly discuss and develop a model“Local Memorandum of Understanding” pursuant to Article 30within ninety (90) days of the effective date of this agreementthat will be applied in those offices not covered by any LMOUbecause of the absence of a local union structure.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO and NationalAssociation of Letter Carriers, AFL-CIO)Re:Bargaining InformationPursuant to the provisions of Article 31 of the NationalAgreement, as soon as practicable after the ratification of the1987 National Agreement between the United States Postal366

Service and the Joint Bargaining Committee (JBC), theEmployer shall, on an accounting period basis, provide theUnion with a computer tape containing the followinginformation on those in their respective bargaining units:1. SSN 14. Rate Schedule2. Last Name 15. Nature of Action3. First Name (Full) 16. Effective Date4. Middle Initial 17. Pay Grade5. Address 18. Pay Step6. City 19. Health Benefit Plan7. State 20. Designation Activity8. ZIP Code 21. Enter on Duty Date9. Post Office Name 22. Retire on Date10. PO State 23. Layoff11. PO ZIP 24. Occupation Code12. PO Finance Number 25. Pay Location13. PO CAGAs a result of the Joint Bargaining Committee’s request to havethe full first name included, each Union will pay 50 percent ofthe actual systems and programming cost associated with thischange, not to exceed a total cost of $10,000. Subsequently,the Postal Service will provide the Unions with the informationabove without charge.Date: July 21, 1987* * *367

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORemoval of Social Security Number ReferencesThe parties agree that the Postal Service intends to strive toremove social security numbers from all bid-related forms (e.g.,PS Forms 1717 and 1717A), PS Form 1723, Notice ofAssignment, and any other postal form where the socialsecurity number is not necessary to the form’s processing. Insuch cases, the Employee Identification Number (EIN) will besubstituted.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOElectronic Access to InformationThe parties agree that the Union will be provided all currenthandbooks, manuals, and published regulations that are onUSPS PolicyNet in an electronic format. The parties shallcontinue meeting to determine the best means for providingthis information.In addition, the parties agree that reports currently provided tothe union in hard-copy will be transmitted electronically when itis possible to do so.Furthermore, in recognition of the Postal Service’s increasingmovement to electronic record-keeping, within 30 days of thesigning of this memorandum, the parties will convene a368

working group to include representatives from managementand the union to work out a means to provide for the electronicinspection and review of documents, files and other recordsnecessary for processing of grievances and/or determiningwhether a grievance exists, and/or for collective bargaining orthe enforcement, administration or interpretation of thecollective bargaining agreement. The working group willinclude the necessary technical experts and will meet asneeded in order to implement this understanding.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOContracting or Insourcing of Contracted ServiceIt is understood that if the service can be performed at acost equal to or less than that of contract service, when afair comparison is made of all reasonable costs, the workwill be performed in-house.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOConsideration of National Outsourcing InitiativesThe parties agree that it is in their best interest to meet anddiscuss national outsourcing initiatives at an early stage ofthe process.369

Once the Strategic Initiatives Action Group (SIAG) hasdetermined that a proposed concept will involve significantimpact on bargaining unit work and preparation begins ona memo detailing consideration of the five Article 32factors, the Union will be provided notification. Unioninvolvement at this early stage of the process is withoutprejudice to either party’s position regarding thedetermination as to whether there is a potential significantimpact on bargaining unit work.Following receipt of notice, the Union will be affordedopportunities for briefings, meetings and informationsharing as the concept is developed, costing modelsprepared, and a Comparative Analysis document drafted.The above process also will be utilized when an existingcontract for a national outsourcing initiative is expiring andconsideration is being given to rebid the outsourcing of thework.The parties understand that the purpose of theMemorandum of Understanding is to allow the Union anopportunity to compete for the work internally at a point intime contemporaneous with the outsourcing process andearly enough to influence any management decision. TheUnion may suggest less restrictive work rules, mixes ofemployee categories, lower wage rates that may improvethe efficiency and lower the costs of an in-houseoperation.* * *370

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOContract Postal UnitsThe Postal Service will close or convert to in-houseoperations as soon as practicable the following full-serviceContract Postal Units (CPUs) that solely provide postalservices with box sections. The parties will meet to discussthe precise dates on which these CPUs will be closed orconverted.ICPU NAME ADDRESS CITY, STATEA&L Management 4006 3rd Ave. Bronx, NYCo.Alplaus311 Alplaus Ave. Alplaus, NYCommunityAltosano Contract 1 Carr 109 San Sebastian, PRCPUAudry Hardy 5833 Port Arthur Rd. Port Arthur, TXBetter Letter 326 Roebling St. Brooklyn, NYBoscawen 228 King St. Boscawen, NHCallaway CPU 6872 E. Hwy 22 Panama City, FLCape Cottage 973 Shore Rd. Cape Elizabeth, MECentral Commons 1242 Stratford Ave. Bridgeport, CTChars Hallmark 3382 Tampa Rd. Palm Harbor, FLCPUChubbuck Station 4922 Yellowstone Ave. Pocatello, IDCPU #386 257 Columbia St. Brooklyn, NYDenmark 9612 State Rte 26 Denmark, NYJake Alex. Blvd. 706A J. Alexander Blvd. Salisbury, NCCPUKemp 105 E. 4th St. Hendrix, OKLake Buena VistaCPU8536 Palm Pkwy Orlando, FL371

CPU NAME ADDRESS CITY, STATEMarket Place Ctr. 3100 S. 31st St. Temple, TXNorth Robinson 2398 Western Ave. North Robinson, OHSalona Station 468 Long Run Rd. Mill Hall, PAThe Mailroom 610 S. Cleveland St. 110-A Enid, OKIn addition, with regard to any other full-service CPUs, orany new or existing CPUs located in close proximity to apostal retail facility, the parties at the union’s request willmeet to discuss and consider options for addressing theprovision of retail services in those locations.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOSubcontracting Mail Equipment ShopsThe Employer and the Union agree that the making ofcontracts for the purchase of equipment or supplies to bemanufactured by convict labor will be done in accordance withTitle 39 U.S.C., Section 2201, of the Postal Reorganization Act.The parties recognize that the contracting of work to theFederal Prison Industries is subject to the provisions of Title 18,Chapter 307. The Employer will provide to the Union a copy ofa request for proposal when issued.* * *372

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOTraining CommitteeThe Postal Service reaffirms its commitment to provideemployees with training consistent with organizational needs.Additionally, the Postal Service recognizes the desirability ofaffording employees opportunities for self-development andwill make training programs available to meet such needs.The Postal Service will afford the Union, at the national level,the opportunity to discuss concerns about specific trainingopportunities or programs. A Joint Committee on Training ishereby established at the national level which will consist ofrepresentatives of both parties. The Committee shall meet todiscuss matters of mutual interest and benefit relating totraining programs and opportunities. The appropriate USPSmanagement official shall be the Employer’s chiefrepresentative on such Committee. The Committee mayconsider and develop pilot programs, improved trainingmethods and strategies, and other matters related to employeetraining and educational opportunities, including exploring thepotential for developing job related training and noncompensablenon-job related programs through the use ofadvanced computer technology. Issues concerning localtraining and educational opportunities including the use ofpostal facilities for non-compensable training in collegeaccredited courses, publicity of self-development trainingopportunities, and other training and educational matters ofmutual interest and benefit are appropriate subjects forresolution at local labor-management committee meetings.373

Consistent with established regulations and operational needs,the Postal Service will make every effort to grant requests forleave without pay by employees for training and educationalopportunities. Customer Service District offices will maintain arecord of employee requests for LWOP under these provisionsand the resulting action taken (approved/disapproved). If therequest is denied, supporting rationale must accompany allsuch denials. This documentation will be forwarded to theNational Training Committee, with a copy to the area managerof Human Resources on a biannual basis for review. TheCommittee, through joint agreement, will take appropriateaction if it deems necessary.The parties agree to consult at the national level to definewhether specific training courses and/or programs are jobrelated,self-developmental, or can be considered both. TheNational Joint Training Committee will review all trainingprograms for the purpose of compiling a listing of trainingopportunities for postal employees. Further, the National JointTraining Committee will discuss the establishment of trainingprograms to promote local joint labor-managementcooperation.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOUse of Privately Owned VehiclesThe parties agree that the following represents the policy of theU.S. Postal Service and the American Postal Workers Unionconcerning the furnishing of privately owned vehicles (POV) byemployees of the crafts represented by the APWU:374

No craft employee represented by the APWU may be coercedinto furnishing a vehicle or carrying passengers without theemployee’s consent. The use of a personal vehicle is thedecision of the employee and it is not the intent of the partiesto discourage such use of personal vehicles whentransportation is needed from one postal facility to another orin the completion of the employee’s assignment. When anemployee begins his/her work day at one postal unit and isprovided transportation to another unit to complete his/her tourof duty, that employee will be provided transportation back tothe unit where his/her tour began if transportation is needed. Ifthe employee ends tour at the new location the return trip willnot be on the clock but transportation will be providedpromptly by management upon request.Date July 21, 1987* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOSUBJECT: Clerk Craft JobsThe United States Postal Service (USPS) agrees to createcertain duty assignments in the Clerk Craft of the AmericanPostal Workers Union (APWU), AFL-CIO in accordancewith the following provisions:1) Corporate Call CenterAll Corporate Call Center locations shall be staffedby Clerk Craft employees no later than two (2) yearsfrom the ratification of the 2010 National Agreement.375

The Employer shall staff Call Center locations withno fewer than a total of 1,100 Clerk Craft dutyassignments during the term of the 2010 Agreement.These duty assignments will be filled by a mix of 70%career and 30% rehabilitation status employees.Each call center location shall become part of the bidcluster for the nearest postal installation. Theappropriate administrative process will be followedby the Employer during the transition.2) Mail Processing/Customer ServiceThe intent behind the creation of the LeadProcessing Clerk and the Lead Sales and ServicesAssociate is to provide oversight, direction andsupport, in the absence of Supervisory presence tobargaining unit employees in both Mail Processingand Retail operations. Lead Clerk positions will becreated at one level above other employees in thegroup.The Employer will fill duty assignments of a LeadClerk in any facilities where clerks work withoutdirect supervision and in facilities that have aminimum complement of five (5) clerks. Lead Clerkassignments shall include duties in both the Retailand Mail Processing operations in Post Offices. LeadClerk assignments will also be filled in facilities withonly a Retail operation.A) Lead Clerk-Mail Processing – Responsibilitiesinclude, but are not limited to, resolvingproblems that may occur during tour operationsand determining when a supervisor should beinvolved, work as a working leader of mailprocessing employees in a mail processingactivity; maintaining records related to mail on376

hand and mail processed; maintaining aworking knowledge of regulations, policies andprocedures related to mail processing activities.B) Lead Clerk-Customer Service – Responsibilitiesinclude, but are not limited to, maintaining aworking knowledge of regulations, policies andprocedures related to all phases of retailservices and Post Office mail processingoperations; acting alone or as a working leaderto retail and mail processing employees;providing technical guidance to retail clerks inaddition to communicating regulations, policiesand procedures to those employees; performingadministrative duties in both retail and mailprocessing operations; and ensuring that allwork is performed efficiently.C) The ratio of Lead Clerk assignments in the clerkcraft complement in a facility shall be:5 to 49 clerks - 150 to 99 clerks - 2100 - 199 clerks - 3200 - 499 clerks - 5500 or more clerks - 5 plus 1 for each additional100 clerksLead Clerk assignments may also beestablished in Retail only offices or stations.Existing LSSA’s, Window Service Techniciansand other existing clerk craft positions of asimilar nature identified by the parties shall begrandfathered into the new position of LeadClerk.377

D) In order to ensure the orderly establishment ofthe new Lead Clerk position, the Employer willhave 1 year from the signing of thismemorandum to develop the Lead Clerk seniorqualified job descriptions and any trainingprogram that may be necessary, post and fill thepositions and complete any other relevantactivities. During year 2 of this agreement theparties will jointly agree upon a procedure to beused to review the effectiveness of the newlyestablished position. At the end of year 2, theparties will meet to apply the review procedurewith the expectation that the number of workhours utilized for 204-B activities will bereduced or eliminated in those work units with aLead Clerk position. Additional reviews will beconducted by the parties at the end of years 3and 4 of this agreement. Not later than June 1,2012, the Employer will eliminate the usage of204-B’s except in the absence or vacancy of asupervisor for 14 days or more. The usage of a204-B in this exception is normally limited to nomore than 90 days.3) Audit of EAS JobsThe Employer shall return duties and responsibilitiesfrom Executive and Administrative Schedule (EAS)positions within Mail Processing and CustomerService to the APWU bargaining unit based upon anaudit conducted by the employer in accordance withthe principles of the National Labor Relations Act(NRLA) and Lockheed Martin 331 NLRB 1407 (2000);provided, however, that if particular duties andresponsibilities may have evolved from either an378

APWU craft position or an EAS position, theEmployer will apply a presumption that the dutieswill be returned to the APWU craft.The Employer will develop career positiondescriptions, or assign work to current positions,based on the bargaining unit duties derived from theaudit of these positions.At the request of the Union, the Employer shallengage in the above audit process with respect toany EAS position which the Union believes containbargaining unit work.The parties shall meet within 30 days of theexecution of this Agreement to review the audits andcareer position descriptions.In addition, the parties agree to jointly request thatthe Court of Appeals for the D.C. Circuit to remandthe appeal in Docket #10-5249 (D.C. Circuit) to thedistrict court and to file a joint motion to vacate thejudgment and dismiss the action as moot by reasonof settlement. At the completion of the processdescribed above, the union will withdraw any and allpending grievances associated with the duties andresponsibilities of the positions addressed in thissection.4) Bargaining Unit PositionsIt is understood and agreed that the Employer willprovide 800 administrative and technical jobs to theAPWU bargaining unit in addition to those providedin paragraph 1 and 2 above. Jobs provided pursuantto paragraph 3 above will count toward the numberof jobs provided pursuant to this paragraph.379

It is also understood and agreed that this MOU is nonprecedential.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOCLERK CRAFTRe:Relief and PoolRelief and pool assignments, sometimes called “flexiblerelief work cycle” assignments are utilized to coverabsences and vacancies of employees holding regular bidassignments and other situations where the assignment isuncovered.Such relief and pool assignments also enable managementto accommodate employee requests for unscheduledleave. It is recognized that the concept of a relief or poolassignment necessarily entails a degree of uncertainty inscheduling employees filling such assignments.In order to minimize this uncertainty, the parties haveagreed to the following principles to be applied to theestablishment and operation of relief and poolassignments.1. The Postal Service may establish new or additionalrelief and pool assignments in any installation. ThePostal Service shall consult with the Union beforemanagement makes a final decision with respect tothe establishment of such assignments in anyinstallations where they do not presently exist.380

2. Relief and pool assignment postings will specify thenature of the assignment by enumerating the typeand location of assignments to be relieved; (e.g.) thepool employee will cover absences and vacancies ofwindow/distribution employees assigned tospecified classified stations and branches in theirinstallation, or other installations.a. In addition to covering absences and vacanciesof window/distribution employees in theirinstallation, or other installations, the ReliefEmployee may also be assigned to otherinstallations to relieve a Postmaster,Supervisors and/or their Replacements at theappropriate bargaining unit rate.The degree of specificity included may vary with thesize of the coverage area in that in some areas with alarge relief pool a particular relief assignment shouldbe limited to a relatively small area of coverage,whereas in other offices the nature of theassignment may have to be broader.3. Relief and pool assignments will have fixed hours,however, hours of duty may vary from day to day; forexample:Monday 6:00 a.m. - 2:30 p.m.Tuesday 9:00 a.m. - 6:00 p.m.Wednesday 12:00 noon - 8:30 p.m.Thursday 8:30 a.m. - 5:30 p.m.Saturday 6:00 a.m. - 3:00 p.m.4. An employee holding a relief or pool assignment, asdescribed above, will be paid at the overtime rate forthose hours worked which are outside his normal,381

egularly scheduled work week except under thefollowing circumstances:a. When management informs the employee byWednesday of the preceding service week thathe/she is to cover an assignment having aschedule different from the relief or poolemployee’s regular schedule for a period of oneweek (five working days) or longer, the relief orpool employee will assume the new scheduleand will not receive overtime pay for thosehours worked in such new schedule which areoutside of his normal regular schedule.However, the relief or pool employee will beentitled to overtime pay for those hours workedoutside of his normal, regularly scheduled workweek (i) unless and until management informshim/her in writing that he/she is to work a newschedule for a week or longer, or (ii) if the reliefor pool employee in fact works the newschedule for less than a week after he is soinformed by management; or(b) When management tells him to performfunctions which predictably occur at the end ofan accounting period; e.g., those of Timekeeperor Examination Specialist.* * *382

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOCLERK CRAFTRe:PTF PreferenceThe parties agree that the rewritten provisions of Article 37,Section 5, Conversion/Part-Time Flexible Preference, whichinclude the Memorandum of Understanding (page 198-200 ofthe 1984 National Agreement), provide basically the sameprocedure with the following exceptions:1. Part-time flexible employees should state a preferencefor duty assignments for which they are currentlyqualified and such preferences should be listed prior toassignments for which they are not qualified. Theemployees’ preferences will be honored except aslimited by Sec. 5 of Article 37. Failure to state apreference for the duty assignments for which theemployee is currently qualified will result in the employerchoosing between the duty assignments.2. A time frame has been provided in Section 5.A.5 forplacing the senior part-time flexible stating a preferenceinto training.3. A time frame has been provided in Section 5.A.6 whenan employee should be converted to full-time andplaced in the duty assignment upon successfullycompleting the required training or being identified asthe senior currently qualified part-time flexible.Date: July 21, 1987* * *383

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOCLERK CRAFTRe:Bids With Required Computer SkillsThe following procedure will be followed when senior bidders,meeting the minimum qualifications (qualification standard),are assigned to administrative clerk craft assignments, PS-5,which require running of or interaction with computerprograms:1. The senior bidder will assume the hours and days of theassignment and be provided with on-the-job training(OJT) for a period of five working days. No out-ofschedulepremium will be paid as a result of this action.2. By no later than the end of the five-day period the biddermust demonstrate the ability to successfully run thoseprograms/procedures for which he/she will beresponsible in the performance of the duties of theassignment. The specific programs/procedures will beidentified at the beginning of the period, and instructionwill be provided for each during the five days of OJT.3. If the bidder is unable to successfully demonstrate theability to run the programs, the employee will bereturned to his/her previous assignment and theassignment will be awarded to the next senior currentlyqualified bidder who can immediately demonstrate theability to run the programs.384

4. In the event that the senior bidder is not successful, theemployee may request a schedule change to attain areasonable amount of time between the end of thetemporary assignment and the beginning of theemployee’s next regularly scheduled reporting time. Thisrequest is subject to the prior approval of theemployee’s supervisor and Union steward. When anemployee does not request a schedule change and theend of the assignment period provided for in item 1above is within ten hours of the employee’s regularscheduled tour, managers will (prior to the qualificationperiod) identify the schedule of the qualification periodas extending through the employee’s first nonscheduledday following the end of the qualificationperiod. This provision will not serve to extend the timeallowed for qualification as provided for in item 2. Theemployee will not be eligible for out-of-schedulepremium as a result of these schedule changes.5. The parties recognize that the Employer may developcomputer aptitude tests or other measures for use indetermining minimum qualifications.6. The provisions of this memorandum do not apply tooperations assignments.Date: July 21, 1987* * *385

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOCLERK CRAFTRe:Productive DistributionIt is agreed that, when the senior bidder completes 80% ormore of the allotted training time for scheme qualification, theemployee will have the opportunity to be tested on the itemsstudied. This test may be taken at the option of the employee.If the senior bidder scores at least 90% on the above test, thesenior bidder may request assignment to productivedistribution during the remainder of the deferment period. Suchrequests, including a voluntary request for a change inschedule in order to provide such productive distribution, willbe granted if operationally feasible.This test is taken only for the purpose of being assigned toproductive distribution and does not count as an attempt toqualify. Employees will be afforded the same opportunities forscheme qualifications as those established in the 1984-1987National Agreement. Appropriate visual aids shall be providedduring this period of productive distribution.Date: July 21, 1987* * *386

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOCLERK CRAFTRe:Interlevel Bidding — Entrance Examination RequirementsThe parties mutually agree that Clerk Craft employees with atleast one year of current continuous career service in one ormore of the positions listed below are eligible to bid on orvoluntarily transfer to any other position listed below, withoutregard to the entrance examination requirement of the positionbeing bid or voluntarily transferred. Such employees must beotherwise eligible to bid or voluntarily transfer in accordancewith the provisions of the National Agreement. Acceptance ofvoluntary transfer requests will be considered in accordancewith Article 12 and the MOU on transfers of the NationalAgreement.An employee with at least one year of current continuouscareer service, in the Clerk Craft and/or in another craft(s), whois involuntarily reassigned to one of the positions listed belowmay be placed in that position without regard to the entranceexamination requirement of the position.387

The positions covered by this agreement are as follows:NumberOcc.Code Position Title LevelSP 2-383 2330-46 Air Records Processor 7SP 2-44 2320-15 Bulk Mail Clerk 7SP 2-43 2345-15 Claims and Inquiry Clerk 6SP 2-1 2340-02 Distribution and Window Clerk 6SP 2-629 2340-80 Distribution, Window, and Markup 6ClerkSP 2-633 2315-13 Distribution Clerk, Machine7MPLSMSP 2-634 2315-14 Distribution Clerk, Machine SPLSM 7SP 2-27 2315-20 Flat Sorting Machine Operator 6SP 2-28 2315-21 Flat Sorting Machine Operator 7SP 2-469 2345-32 Mailing Requirements Clerk 6SP 2-16 0301-41 Markup Clerk, Automated 6SP 2-439 2315-06 Parcel Post Distributor (Machine) 6SP 2-362 2315-06 Parcel Post Distributor (Machine) 7KP-4 2340-04 Post Office Clerk 4SP 2-11 2340-06 Postage Due Clerk 6SP 2-12 2340-24 Postage Due Technician 7SP 2-502 2315-70 Sack Sorting Machine Operator 7SP 2-38 2315-56 Senior Mail Processor 7SP 2-35 0301-49 Senior Markup Clerk, Automated 6KP-13 2320-01 Window Clerk 6SP 2-388 2320-29 Window Services Technician 7SP2600 2310-0012 Clerk/Special Delivery Messenger 6SP2046 2315-0063 Mail Processing Clerk 6SP-XXX 2320-0004 Lead Sales and Services Associate 7SP-XXX 2320-0001 Sales and Services Associate 6SP-XXX 2320-0003 Sales, Services and DistributionAssociate6388

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOCLERK CRAFTRe:Retail Training Task ForceThe parties recognize the importance of customer service andproduct consulting skills in achieving customer satisfactionand retail sales growth and the important role played by clerksand managers with responsibilities in retail operations forassuring that growth.With this in mind, the parties agree to establish a National TaskForce on Retail Training. This Task Force will focus on theimprovement of customer satisfaction and product consultingskills, as well as the enhancement of our public image.The Task Force will develop and oversee the administration ofa national, on-going program that emphasizes customerservice and product consulting skills for clerks assignedflexible credits, as well as managers with responsibilities inretail operations.The Task Force will consist of three members appointed by theAPWU and three members appointed by the Postal Service.The charter of the Task Force will be to explore and evaluateprevious programs conducted in the field, research alternativeapproaches, outline parameters for the program, conduct andmeasure a pilot program, and administer the nationalimplementation of the program. The parties agree that the TaskForce will approach its charter with a spirit of cooperation andthe determination to provide managers and clerks with theskills to excel in our competitive marketplace.389

The Postal Service agrees to contribute at least $1.5 million toa fund for this employee development effort. Such fund will beused by the Task Force for program development andworkhour costs, including any travel related expenses.Date: 9/27/95Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORetail Operations Within InstallationsThe parties agree that all existing retail operations will remainwithin the installation of which they are a part and all futureretail operations established within the jurisdiction of aninstallation shall become a part of that installation.This memorandum is entered into without prejudice to thepositions of either party on any issues.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOSUBJECT: Position Description: Delivery/Sales Servicesand Distribution Associate, PS-061. The Employer agrees to establish the position ofDelivery/Sales Services and Distribution Associate,Standard Position x-xx, PS-6, to be filled by the390

senior-qualified bidder in the clerk craft. TheDelivery/Sales Services and Distribution Associateposition will contain the existing duties andresponsibilities of Sales Services and DistributionAssociate, PS-6 and Clerk/Special DeliveryMessenger, PS-6.2. The Postal Service agrees to implement thiscombined position description by July 2, 2011.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOCLERK CRAFTRe:Computerized Forwarding System (CFS) RotationIn accordance with Article 37, Section 9, the parties mutuallyagree that it is in the best interests of employees who work inthe Computerized Forwarding System (CFS) operation to havea rotation system that allows for time away from continuousuninterrupted keying duties.In order to provide another option for an effective rotationsystem in CFS units, it is agreed that local parties may adoptthe same work/rest cycle that is currently employed in RemoteEncoding Center (REC) sites.The parties who have not previously met and reachedagreement at the local level as provided below shall, during theterm of the 2010 National Agreement, be afforded theopportunity to do so. Therefore, as soon as practicable, theparties will meet at the local level to reach agreement on theappropriate work/break cycle to employ in their CFS site. The391

local parties will meet to discus the issue and by mutualagreement will either implement the CFS work/break cycle aslisted below or continue with their current work/break cycle. Itis not the intent of this agreement to add to existing breaks orchange any system that is currently acceptable to the parties.The current work/break cycle is as follows:INTERIM WORK BREAK CYCLE4 & 8 Hour ToursHours 1 & 5Hour 2 & 6Hour 3 & 7Hour 4 & 8Key 55 minutesBreak 5 minutesKey 55 minutesBreak 5 minutesBreak 5 minutesKey 55 minutesBreak 5 minutesKey 55 minutesHOME OR LUNCH BREAK6 Hour ToursHour 1Hour 2Hour 3Hour 4Hour 5Key 55 minutesBreak 5 minutesKey 55 minutesBreak 5 minutesBreak 5 minutesKey 55 minutesBreak 5 minutesKey 55 minutesBreak 10 minutesKey 50 minutes392

Hour 6HOMEKey 5 minutesBreak 5 minutesKey 50 minutesThis understanding applies only to CFS units.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOCOMPUTER FORWARDING SYSTEM – CFS CLERKREASSIGNMENTThe parties agree that whenever the Postal Service decides toreassign CFS clerks from a CFS unit, the appropriateprovisions of Article 12 of the collective bargaining agreementwill apply, with the following additional provisions:A. CFS Reassignments:1. If a determination is made to reassign CFS Clerksout of a section, to other crafts, and/or installations,the Area will begin withholding residual vacanciesor PTF vacancies, as appropriate, in the same andlower levels within an Area, as determined bymanagement, up to the number of career impactedCFS employees. In addition, the Area will alsobegin withholding residual vacancies or PTFvacancies in higher levels in APWU representedcrafts, as appropriate, up to the number of careerimpacted CFS employees.393

2. For the purposes of this agreement, the Test 470(Battery Exam) requirement is waived for CFSclerks for reassignments or bidding/opting.Employees opting for an assignment must meet theother minimum requirements of the dutyassignment.3. Veteran’s preference eligible CFS employees willbe given priority placement into same and higherlevel duty assignments and will not be reassignedto a lower level. If there is no same or higher levelduty assignment(s) available, the veteran’spreference eligible employee(s) will be bypassedand the next senior non-preference eligibleemployee will be excessed in lieu of the preferenceeligible.4. Beginning with local notification that CFSemployees will be excessed, if a non-preferenceeligible CFS employee opts or bids to a lower levelduty assignment, he/she will receive saved gradeprotection in accordance with the following:a. Employees who receive saved grade underthis MOU will not be required to bid or applyfor vacancies in their former wage level for aperiod of two years from the time they occupythe lower level duty assignment.b. After the two-year period, employees will beexpected to bid or apply to former level dutyassignments for which they are qualified ormay become qualified by entering a schemedeferment period.394

c. If no employee in the saved grade status bidsor applies to the former level dutyassignments, the junior employee(s) in thesaved grade status will have their saved gradetaken away.d. An employee in saved grade status who bidsor applies for a former wage level dutyassignment and is declared the senior bidderbut fails to qualify will lose saved gradeprotection. No more than one employee in thesaved grade status group will have savedgrade taken away for each former level dutyassignment posted.B. CFS EMPLOYEE UPGRADEThe Postal Service and the APWU agree that allremaining PS-4 CFS clerks will be upgraded to PS-5effective on November 13, 2004. Generally, the parties’promotion rules apply with respect to upgrades;however, the parties have agreed on a non-precedentialbasis that the November 13, 2004, CFS upgrade will bebased on a step-to-step upgrade mechanism, includingcredit for waiting period time already served, for thepurpose of implementing this upgrade.This agreement is made for the specific circumstancesdescribed above and does not alter in any way any otherprovisions of the collective bargaining agreement. The partiesagree that this understanding is without prejudice and will notbe used in any forum other than to enforce the provisionswithin this document.* * *395

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOCLERK CRAFTRe:Function Four FlexibilityThe parties agree that it is in the interest of the Postal Serviceand the APWU to increase customer satisfaction in PostalService retail operations. During the term of the 2010 NationalAgreement, the parties intend to explore alternative methods toprovide staffing and scheduling efficiency in function fouroperations. Such methods may include flexibility in full timeand part time schedules, utilization of hub clerks, lead clerks,crew chiefs, etc.To further this effort, the parties agree to establish a nationaljoint task force to explore and consider these opportunities.At the discretion of the task force, pilots or trial programs maybe authorized to test these concepts at facilities and inoperations designated by the parties. These programs shouldbe initiated no later than June, 2011.At the conclusion of these trial programs and tests, but no laterthan August 2012, the parties will meet to decide whether suchtests should be continued, expanded, or implemented in wholeor in part, or terminated at the request of either party.* * *396

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOCLERK CRAFTRe:Identification of Newly Established Duty AssignmentsThe parties agree that the changes to Article 37, Section 4.D(Assignment of Unencumbered Employees) will not becomeeffective until six (6) months after the 2006 Agreement issigned by the principals of the APWU and the U.S. PostalService.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOCLERK CRAFTRe:Brush-up TrainingThe parties agree that the appropriate Handbooks will bechanged to reflect the following:I. For the purposes of this memorandum, brush-uptraining is defined as that training provided to employeeswho are successful bidders on a duty assignment andwho are deemed to have a live record. Live Record isdefined in Article 37, Section 1, of the NationalAgreement.397

II.To provide brush-up training for those employees with alive record as follows:A. Manual Scheme (manual separation of mail into adistribution case)1. Less than 90 days - none.2. 90 to 180 days - up to 60 calendar daysproductive distribution.3. 181 days to 2 years - up to 60 calendar daysproductive distribution plus up to one (1) hourof study (brush-up) time for each 200 schemeitems.B. Letter Sorting Machines - Non-scheme Assignment(machine distribution of outgoing primary, state andincoming primary distributions using ZIP Codes)1. Less than 60 days - none.2. 60 to 90 days - up to one (1) hour keyboardtraining.3. 90 to 180 days - up to two (2) hours keyboardtraining.4. 181 to 365 days - up to four (4) hourskeyboard training.5. 366 to 540 days - up to six (6) hours keyboardtraining.6. 541 days to 2 years - up to eight (8) hourskeyboard training.398

C. Letter Sorting Machines - Scheme Application(manual scheme knowledge applied to machinedistribution)1. Manual scheme 90 days (actual schemeknowledge)a. Less than 90 days - none.b. 90 to 180 days - up to ten (10) hoursproductive distribution prior to keyboardbrush-up training.c. 181 to 365 days - up to twelve (12) hoursproductive distribution prior to keyboardbrush-up training.d. 366 to 540 days - up to sixteen (16) hoursproductive distribution prior to keyboardbrush-up training.e. 541 days to 2 years - up to twenty (20)hours productive distribution prior tokeyboard brush-up training.f. In addition to the above, up to one (1)hour of study time for each 200 schemeitems will be provided for d and e.NOTE: Generally, an employee who is assigned to theletter sorting machine will have his proficiencymonitored by use of the EDIT system. However, if thisemployee will be assigned to manual schemedistribution on a regular basis, he must be provided withproductive distribution time as shown for ManualScheme.399

2. Scheme Distribution on Letter SortingMachinea. Less than 60 days - none.b. 60 to 90 days - up to one (1) hourkeyboard training.c. 91 to 180 days - up to two (2) hourskeyboard training.d. 181 to 365 days - up to four (4) hourskeyboard training.e. 366 to 540 days - up to six (6) hourskeyboard training.f. 541 days to 2 years - up to eight (8) hourskeyboard training.D. Flat, Bundle, and Parcel Sorting Machines1. Less than 60 days - none.2. 60 to 180 days - up to one (1) hour keypadtraining.3. 181 to 365 days - up to two (2) hours keypadtraining4. 366 to 540 days - up to three (3) hours keypadtraining.5. 541 days to 2 years - up to four (4) hourskeypad training.E. Machine - Memory Items1. One (1) to 120 days - none.2. 121 to 365 days - up to one (1) hour studytime.400

3. 366 days to 2 years - up to two (2) hours studytime.F. In addition to the above, training will be providedwhen:1. Scheme changes exceed 10 percent - at therate of one (1) hour for each 16 items changed.2. Memory item changes exceed 25 percent - atthe rate of one (1) hour for each 16 itemschanged.G. Section 3.F.7 Assignments1. One (1) to 540 days - none except when therehas been a significant change in servicesoffered, rates, or duties. If a significant changehas occurred, the appropriate portion of thetraining will be repeated; however, theemployee will not be tested.2. 541 days to 3 years - up to 16 hours training. Ifsignificant change has occurred, appropriatetraining is mandatory; however, the employeewill not be tested.3. 3 years to 5 years - repeat formal training, notOJT; however, employee will not be tested.All brush-up training is to be given on-the-clock andemployees will not be required to pass an examinationfollowing the training.401

III.To provide employees with training time for MPLSMkeyboard training on a graduated hour scale based onthe number of scheme items, up to the hours listed byscheme size as follows:100 to 299 scheme items up to 29 hours300 to 399 scheme items up to 30 hours400 to 499 scheme items up to 31 hours500 to 699 scheme items up to 32 hours700 to 799 scheme items up to 33 hours800 to 899 scheme items up to 34 hours900 to 1000 scheme items up to 35 hoursIf a machine scheme is the first assignment, anemployee will be provided up to 47 hours of training.The above range is for subsequent assignments. If nonschemeapplication is the subsequent assignment, anemployee will be provided up to 32 hours of training.IV. Provide for sequence of training for machineassignments requiring more than one (1) scheme asfollows:1. 1st manual scheme deferment; then2. scheme to machine deferment; then3. 2nd manual scheme deferment; then4. scheme to machine deferment.In addition, the Memoranda of Understanding on pages193, 198-200, 200 and 201 of the 1984-1987 NationalAgreement are rescinded.Date: July 21, 1987* * *402

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOEMPLOYEE DEVELOPMENTAL OPPORTUNITIESThe parties recognize that internal recruitment anddevelopment of current bargaining unit career employees forskilled positions is in the best interest of postal employees andthe Postal Service. The parties agree to the establishment of aprocess and program to allow for development opportunitiesfor placement of current APWU bargaining unit careeremployees in the Maintenance department.In order to improve the opportunity for career APWUbargaining unit employees to qualify for and establishthemselves on the appropriate in-craft and/or in-serviceregister(s), the Postal Service will develop and implement aprogram in those locations where a need is identified. Theprogram will include a process whereby APWU careeremployees will have an opportunity to express interest inentering a developmental program for future opportunities inthe Maintenance Craft.Once created and implemented, APWU bargaining unit careeremployees who express an interest will be given anopportunity to qualify for placement in the program andsubsequent placement in a position in the Maintenance Craft.Placement into the Maintenance Craft will follow the provisionsof Article 38 of the current APWU-USPS collective bargainingagreement.If the initial placement resulting from successful completion ofthe training program is to an Electronic Technician (ET) dutyassignment, upon placement into the craft duty assignment,employees will commit to a three year lock-in for that craft from403

the date placed in the assignment. The employees will not beable to request transfer, in-craft downgrade or bid to a nonskilledposition during the lock-in period, but same positiondesignation transfers and in-craft promotions in the installationare permitted. If an employee leaves before the end of thelock-in period, the employee will be responsible forreimbursing the Postal Service for all training costs.As skilled Maintenance and Motor Vehicle craft positions areidentified, developmental programs will be established whereneeded. Non-skilled employees already assigned to the craftfor which the developmental training opportunity assignment isintended will have first priority to qualify for the availabletraining.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOMAINTENANCE CRAFTRe:Subcontracting Cleaning ServicesThe parties agree that the following language will beincorporated into paragraph 535.261 of the AdministrativeSupport Manual..26 Cleaning Services.261 Authorizationa. In a new facility or when a vacancy as a result of anemployee’s voluntary attrition is identified in anindependent installation the following sequential404

steps will be taken to determine whether or not acontract cleaning service may be utilized:(1) Measure the square footage of the interiorarea of all facilities of an independentinstallation, using procedures identified inhandbook MS-47, Housekeeping-PostalFacilities. Then add the results (if more thanone facility) then divide that totalmeasurement by 18,000 and round off theresulting number to four (4) decimal places;(2) Measure the square footage of the exteriorpaved and unpaved area of all facilities of anindependent installation, to be serviced usingthe procedures identified in the MS-47handbook. Then add the results (if more thanone facility) then divide that measurement by500,000 and round off the resulting number tofour (4) decimal places;(3) Add the numbers obtained in steps 1 and 2together. If the resulting number is less thanONE (1), a contract cleaning service may beused to perform the required work.b. If the determination is made to utilize a contractcleaning service, the local APWU President will beprovided a copy of the above computations.c. The formula applies to replacement facilities orexisting facilities with extensions or modifications.* * *405

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOSUBJECT: Maintenance Craft JobsThe United States Postal Service (USPS) agrees to fillpositions within the Maintenance Craft of the AmericanPostal Workers Union (APWU), AFL-CIO, as follows:1. Custodiala. Custodial duties currently performed bycontractors in 1,500 designated Post Offices willbe assigned to Maintenance Craft PostalSupport Employees (PSEs). The 1,500 dutyassignments will be added to the MaintenanceCraft as each current vendor contract expires,but no later than two (2) years from signing thisMOU and provided the work can be performedby maintenance craft employees at a cost equalto the cost of the contract service. Theinsourcing of the 1,500 subcontracting jobs toMaintenance Craft duty assignments will beincluded in the 10% PSE cap. Newly establishedduty assignments may be combined whichwould require unpaid travel time up to thirty (30)minutes.b. The Memorandum of Understanding regardingSubcontracting of Cleaning Services will bemodified to provide that the current custodialstaffing at stations, branches and other facilitieswithin the installation will be combined todetermine the total custodial staffing of eachinstallation.406

c. Any new duty assignments created frominsourcing contracted work as described inparagraph 1.b will be posted by Notice of Intentand filled in accordance with Article 38. Currentcareer custodial employees within the District ofthe vacancy will be permitted to transfer to thatvacancy. The residual vacancy resulting fromwork identified in paragraph 1.b will be filled bythe employer and if filled with a PSE will notcount against the applicable PSE cap.d. Maintenance PSEs will be considered asaccruing Maintenance Craft Service Senioritywithin the category of PSE from their originaldate of employment, regardless of any break inservice as a PSE and shall include all time spentas a PSE.e. When it is determined there is a need to fill acareer vacancy, the selection for thisopportunity will be provided to PSEs in order oftheir PSE Maintenance Service Seniority. Uponconversion to career, PSEs will be consideredas new to craft, and seniority will begin anew inaccordance with Article 38.2. MTSC Help DeskThe tier 1 duties currently performed by contracthelp desk call agents at the Maintenance TechnicalSupport Center (MTSC) shall be assigned toMaintenance Craft employees as the current vendorcontract expires but no later than one (1) year fromsigning this MOU. Tier 1 duties include receivingcalls regarding the maintenance of equipment,providing troubleshooting advice and escalation ofcalls to tier 2 (National Technical Support Network407

consisting of Electronic Technician PS-11employees) and tier 3 (Subject Matter Expert EAS/Contractor/Vendor) support.3. Maintenance PSE UsageIn the Maintenance Craft, the total number of PSEsused within a District will not exceed 10% of the totalnumber of career maintenance craft employeeswithin that District, provided that no more than halfof the PSEs in the Maintenance Craft will work inmaintenance-capable offices. (Maintenance-capableoffices are defined in the Administrative SupportManual ASM 531.5, Issue 8 in conjunction withArbitrator Das’ decision in Case No. HOC-NA-C19007.)4. Audit of EAS Jobsa. The Employer shall conduct an audit todetermine non-supervisory and administrativeduties currently performed by Executive andAdministrative Schedule (EAS) positions withinMaintenance that may be returned to the APWUbargaining unit. This audit will be conducted bythe employer in accordance with the principlesof the National Labor Relations Act (NRLA) andLockheed Martin, 331 NLRB 1407 (2000);provided, however, that if particular duties andresponsibilities may have evolved from either anAPWU craft position or an EAS position, theEmployer will apply a presumption that theduties will be returned to the APWU craft.b. The Employer will develop career positiondescriptions, or assign work to currentpositions, based on the bargaining unit dutiesderived from the audit of these positions. The408

argaining unit duty assignments created as aresult of the audits will be filled in accordancewith the Agreement.c. At the request of the Union, the Employer shallengage in the same process with respect toother EAS positions which the Union believescontain bargaining unit work.d. The parties shall meet within 30 days of theexecution of this Agreement to review the auditsand career position descriptions.5. Joint Audit of Contractor WorkIn addition, the parties agree to conduct a joint auditof maintenance work currently performed bycontractors to identify duties that can be assigned tothe Maintenance Craft, where it is efficient and costeffective.6. Bargaining Unit PositionsIt is understood and agreed that the Employer willprovide 60 administrative and technical dutyassignments to the Maintenance Craft bargainingunit in addition to those provided in paragraphs 1and 2 above. Positions provided pursuant toparagraphs 4 and 5 above will count toward thenumber of assignments provided pursuant to thisparagraph.* * *409

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOAir Conditioning in 9 Ton Vehicles, Tractors, andSpottersThe Postal Service agrees that, on a prospective basis,contracts for the purchase of 9 ton vehicles, tractor and spottervehicles will specify air conditioning for vehicles domiciled inspecific areas of the country. A joint committee will beestablished for the purpose of identifying the specific areaswhere air conditioning will be provided. The committee will becomprised of two members appointed by the APWU and twomembers appointed by the Postal Service. The committee willrely upon heat/humidity index information and industry normsin making their recommendations. The committee’srecommendations will be submitted to the Postal Service’sVice President Labor Relations and the APWU’s President forresolution.The parties further agree that the committee will complete theiranalysis and recommendations no later than March 1999.* * *410

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOSUBJECT: Maintenance Craft Discussions PerArticle 38.3.K (Excessing)When the Postal Service proposes to involuntarily reassignAPWU Maintenance Craft employees in accordance withArticle 12.5.C.5.b (out of the installation) of the NationalAgreement, the Postal Service and the Maintenance Craftof the APWU agree to meet at the national headquarterslevel to address certain issues related to and arising fromthe excessing. These meetings will occur only when aproposed excessing event in an impacted installationinvolves multiple occupational groups within the APWUMaintenance Craft or when more than half of any existingoccupational group within the APWU Maintenance Craft isproposed to be involuntarily reassigned.Such discussions, when mutually agreed, will occur priorto the Regional level meeting identified in Article 12.4.Additional discussions may occur by mutual agreement.The purpose and intent of these discussions is to identifyand apply Article 12 and Article 38 provisions to theproposed event in order to instruct the field how toproperly implement the excessing. This may result in amutual determination by the parties, for example,regarding the assignment of employees to their sameoccupational group within a small local commuting area.The parties will be guided in their discussions and mutualdeterminations by the basic principle that dislocation andinconvenience to employees shall be kept to a minimumconsistent with the needs of the service.411

In the event the parties have not met or mutual agreementis not reached within 14 days from the notification, thematter will be returned to the regional level and the eventwill continue to be addressed in accordance with Article 12and Article 38. The time limits contained in Article 12 will beadhered to and the 14 day period for meeting under thisMOU runs concurrently with the Article 12 time limits.This Memorandum is intended to address the specificcircumstances described above and does not alter in anyway other provisions of the collective bargainingagreement.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOMOTOR VEHICLE CRAFTRe:Highway ContractsIn furtherance of ongoing application of Article 32, Section 3 ofthe National Agreement the parties agree to the followingprinciples:1. The U.S. Postal Service reaffirms its commitment torequire compliance with the highway contractspecifications including the Service Contract Act.Contracting officers and administrative officials at thelocal level, when advised by American Postal WorkersUnion officials of complaints and/or providedinformation concerning alleged violations of a specificcontract(s), especially those that relate to vehicleschedules, wage rates, and safety violations will, in a412

usiness-like manner, acknowledge to the interestedAmerican Postal Workers Union official, receipt of saidinformation and the action taken in response to thesituation identified. Background information concerningscheduled routes will not be unreasonably denied.2. The Postal Service recognizes the requirement toaccurately reflect vehicle equipment needs whendeveloping transportation service requirements.Reasonable efforts will continue to be made at theappropriate management level to reconcile vehiclerequirements to existing postal vehicle sizes. In thosesituations where it is determined that the vehicle neededsubstantially differs from that which is available in theU.S. Postal Service fleet, justification will be providedthe responsible USPS management office for thoseroutes that otherwise meet the criteria of Article 32.3. The responsible USPS management office will continueto encourage all contractors to display clearly andconspicuously on all vehicles, while engaged in thetransport of mail, their company name, address and thefact that they are contract vehicles.4. When the National Union is advised of the decision toaward and/or renew a highway contract(s), the U.S.Postal Service will provide a reasonable explanation ofits decision.* * *413

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOArticle 39.1.C.8 – AbolishmentFrequently Asked Question:Response:What is an example of a valid reason for abolishing aMotor Vehicle Craft duty assignment?On the effective date of the abolishment, the majority ofthe work assigned to that duty assignment would nolonger be performed.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOSUBJECT:Motor Vehicle Craft JobsThe United States Postal Service (USPS) agrees to fill/create certain positions in the Motor Vehicle Craft of theAmerican Postal Workers Union (APWU), AFL-CIO inAccordance with the following provisions:1. Vehicle Maintenance FacilityWork currently performed by contractors identifiedas PS-08, PS-09, and PS-10 Technician duties shallbe established for bid in accordance with the MotorVehicle Craft bid process prior to the expiration of414

each vendor contract, if applicable. The Employeragrees to fill 740 duty assignments with MotorVehicle Craft employees in the VMFs. The Employershall seek to fill duty assignments not filled throughthe bid procedure via the normal hiring process,including the terms of Article 39.2.A.11. Whenapplicable, the Employer will proceed with thenormal hiring process as expeditiously as possible.The Employer shall establish the following dutyassignments in designated VMF’s in accordancewith the paragraph above:Job titleDuty AssignmentsPS-08 Technicians 219PS-09 Lead Technicians 459PS-10 Lead Technicians 62The Employer agrees, in VMF’s with body and fenderrepair operations, to staff the operation with Bodyand Fender Repairman duty assignments to theappropriate complement.2. Motor Vehicle ServicesThe Motor Vehicle Craft will assume service on aminimum of 600 PVS routes currently contracted toHCR upon the expiration of each supplier contract.Route service may be assigned to either career ornon-career employees, as necessary. The Employerwill designate the 600 PVS routes to be assigned tothe Motor Vehicle Craft and no less than 25% of theduty assignments created will be assigned to careeremployees.415

In addition, the parties agree to reviewapproximately 8,000 other existing TransportationHighway Contract Routes (HCR’s). It is understoodthat in considering the conversion of such work theparties will use DOT work rules and an appropriatemix of bargaining unit costs as submitted by theAPWU. In considering whether or not bargaining unitpositions may be created the parties will follow thebelow described process:a. The Postal Service will provide each individualHCR contract to the APWU upon ratification.b. The APWU will review the contracts and providethe Postal Service designee with specific routeand trip information (including frequency, timeof departure and arrival, annual mileage andequipment requirements) regarding where itbelieves opportunities exist to create bargainingunit duty assignments based on the workcontained in the HCR contract.c. The APWU may initiate and obtain a costcomparison on segments (trips) of an HCRroute: that is some, but not all, the routescovered by the contract. If the APWU faircomparison of a contract or a segment of aroute shows that it would cost less to have thework performed by MVS employees, it will beassigned to MVS employees.d. The parties shall meet within 14 days ofreceiving the APWU’s input as described inparagraph 2b above.e. The Postal Service will consider overalloperational needs when creating the newassignments including fleet needs, maintenance416

capabilities, parking, route logistics, etc., butthese factors will not be used to circumvent theMemo (Re: Contracting and Insourcing ofContracted Services).f. After proper and appropriate notice has beengiven to the HCR contractor such thattermination of the contract does not cause orincur additional expense or cost to the PostalService, any and all new assignments will beposted for bid to the existing career workforcebefore filled with new employees.3. Audit of EAS Jobsa. The Employer shall return administrative andtechnical duties and responsibilities fromExecutive and Administrative Schedule (EAS)positions to the APWU bargaining unit basedupon an audit conducted by the employer inaccordance with the principles of the NationalLabor Relations Act (NRLA) and LockheedMartin, 331 NLRB 1407 (2000); provided,however, that if particular duties andresponsibilities may have evolved from either anAPWU craft position or an EAS position theEmployer will apply a presumption that theduties will be returned to the APWU craft.b. The Employer will develop career positiondescriptions, or assign work to currentpositions, based on the bargaining unit dutiesderived from the audit of these positions. Thebargaining unit duty assignments created as aresult of the audits will be filled in accordancewith the Agreement.417

c. The parties shall meet within 30 days of theexecution of this Agreement to review the auditsand career position descriptions.d. At the request of the Union, the Employer shallengage in the above process with respect toother EAS positions which the Union believescontain bargaining unit work.4. Bargaining Unit PositionsRe:It is understood and agreed that pursuant toSection 3, the Employer will provide at least sixty (60)additional administrative and technical dutyassignments to the MVS Craft bargaining unit inaddition to those provided in Sections 1 and 2 above.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOJob AuditsThe parties understand and agree that if the Postal Serviceconcludes under EAS job audits that any non-managerialor non-supervisory duties did not “seep out” of thebargaining unit, this shall not affect the Postal Service’sobligations under Article 1.5, stating in part that “theEmployer shall identify all new non-managerial and nonsupervisorywork and assign such work at the nationallevel to the national craft unit most appropriate for theperformance of such work within thirty (30) days of havingdone so.” If the Postal Service later assigns nonmanagerialand non-supervisory duties otherwise notexcluded pursuant to Article 1.2, which the Postal Service418

concludes did not “seep out” of the bargaining unit toemployees in another position description, they may not beassigned to a new or revised EAS position but rather mustbe assigned “to the national craft unit most appropriate forsuch position” in accordance with the procedure inArticle 1.5.By entering into this memoranda of understandingproviding for EAS job audits, the parties understand thatthe union is not agreeing that the Postal Service may in thefuture assign non-managerial and non-supervisory workoutside the bargaining unit.Re:* * *LETTER OF INTENTBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOOperation of Powered Industrial Equipment forMaterial Support Craft EmployeesThe operation of powered industrial equipment that is poweredby electric motor (battery) or internal combustion (flammablegases) requires the operators to have an appropriatelyendorsed Certificate of Vehicle Familiarization and SafeOperation. This is the case regardless of whether the operatorwalks behind or rides on the equipment to guide it.Level 5 employees, in the Mail Equipment Shops and MaterialDistribution Centers, who operate this equipment and arerequired to have an appropriately endorsed Certificate ofVehicle Familiarization and Safe Operation, are entitled toLevel 6 compensation for the period of such operations.* * *419

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOWork Clothes Program — MESThe parties agree that employees who are assigned to the MailEquipment Shops and who are entitled to a Work ClothesAllowance shall be suspended from the Uniform AllowanceProgram. These employees will continue to be eligible for theestablished allowance amount as determined by Article 26,however, the Employer will establish an agreement with anauthorized vendor of the U.S. Postal Service Uniform Programthat will provide eligible employees with aprons, smocks, workshirts and/pants. Based on the allotment authorized,employees will retain their current Uniform Programanniversary date and shall continue to be subject to all existingregulations regarding the work clothes program, except asnoted above.Effective with the date of this Agreement, employees assignedto the position of Group Leader shall be eligible for the WorkClothes allowance.* * *420

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe:Training Opportunities Mail Equipment ShopsThe Employer will continue to post the opportunity to takeavailable PEDC courses to enhance employee’s abilities topass qualifying examinations for the following positions:Mail Equipment Shops Technician - Grade 9Data Conversion Operator (MES) - Grade 4Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOMail Equipment Shop OperationsThe parties agree that the Union will be informed as far inadvance as practicable of any decision to substantially alteroperations at the Mail Equipment Shops (MES) which will affectjobs at the MES.No final decision on whether to substantially alter operations atthe MES which will affect jobs at the MES will be made until theEmployer has met and discussed the matter with the Union.The intent of the parties is to provide that affected employeesare given consideration, including training if necessary, forreassignment to an available postal position, in accordance421

with Article 12, for which they meet all qualifications, within theMES or to another bargaining unit represented by the AmericanPostal Workers Union, AFL-CIO.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOOvertime at the Mail Equipment ShopsThe parties agree that in the Mail Equipment Shops, full-timeemployees not on the overtime desired list may be required towork overtime only if all available employees on the overtimedesired list have worked up to ten (10) hours on a regularlyscheduled day or up to four (4) hours on a non-scheduled day.The parties further agree that before requiring employees noton the overtime desired list to work overtime on a given day,qualified employees who are present and working in thesection (as defined by the Local Memorandum ofUnderstanding) and in the same level will be given theopportunity to volunteer to work overtime on that day.Re:* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOTransfer Opportunities to Minimize ExcessingPursuant to the Memorandum of Understanding (MOU) onTransfer Opportunities to Minimize Excessing dated422

September 12, 2005, the parties held a series of meetings todiscuss the methods by which this understanding would beimplemented. As a result of these meetings the parties agree tothe following:1. All APWU employees in the installation and affectedcraft experiencing excessing from the craft or installationmay voluntarily submit a request for transfer througheReassign. These employees will be placed on apreferred listing within eReassign by date order. Thesevolunteers will be allowed to transfer out of theirimpacted installation in accordance with the MOU onTransfer Opportunities to Minimize Excessing and theprocedures described herein.A. Affected employees requesting transfer must meetthe minimum qualifications for the position beingconsidered.B. In accordance with applicable provisions of theEL-312 Handbook, nepotism rules are still in effect.C. The following sections of the TransferMemorandum of Understanding (page 305 of the2000–2006 National Agreement) are modified inorder to accommodate transfer opportunities tominimize excessing. Specifically:1. Section B & C (page 305–306) — Ratioscontained in the Transfer MOU are notapplicable to affected employees applying fortransfer as a result of impending excessing.2. Section D (page 306) — Affected employeeswork, attendance and safety records will notbe considered when applying for transfer as aresult of impending excessing.423

3. Section D.1 (page 306-307) — Affectedemployees will not be required to have 18 or12 months of service (as applicable) in theirpresent installation prior to requesting atransfer to another installation. Additionally,any craft lock in period will also not apply toaffected employees that qualify for priorityconsideration.4. Section E (page 307) — A minimum of 30 daysnotice to the losing installation will be affordedif possible. Neither the gaining nor losinginstallation can place a hold on the employee.The affected employee will be allowed totransfer prior to the excessing if they desireand choose their effective date of transfer willcoincide with the start of a pay period at thegaining installation. The losing installation willcoordinate between the employee and thegaining installation.D. The Postal Service will not provide affectedemployees copies of vacancies at postal facilities inadvance of transfer requests. Installations withhard-to-fill vacancies post them in eReassign asReassignment Opportunities. The Postal Servicewill notify employees in the impactedinstallation(s) of the availability of the eReassigntransfer alternative.Employees can request reassignment to thesespecific positions. It is the responsibility of theaffected employee to check on a regular basis ineReassign for Reassignment Opportunities.Employees may also request transfers to officesthat do not have reassignment opportunities listedon eReassign.424

2. Selections by installations accepting transfer requestswill be on a seniority basis using craft installationseniority from the losing installation.A. In the event of a seniority tie, the tie breakermethod will be as follows: a). total career postaltime, and b). entered on duty date.B. An employee’s seniority in the gaining installation isestablished by the respective gaining craft article inthe collective bargaining agreement based on theemployee being a voluntary transfer (not excessed)employee.3. An employee accepting a transfer under the priorityconsideration will have their name removed from thepriority eReassign pending request list at all locations.Affected employees requesting transfer can change theirmind and decline a transfer opportunity. By doing so,the affected employee’s name will be removed from thepriority eReassign pending request list at the declinedlocation and the affected employee becomesimmediately available for involuntary Article 12reassignment.4. Employees may transfer across APWU craft lines.Transfers outside craft lines will be processed inaccordance with applicable provisions of the collectivebargaining agreements and postal regulations. Affectedemployees requesting transfer must meet the minimumqualifications for the position being considered. The firstselection will come from same craft to same craft priorto making cross craft selections. There is no priorityconsideration to non-APWU craft positions.5. Simultaneous (duplicate) requests for transfer by thesame employee to the same craft and installation ineReassign are not permitted.425

6. Employee may receive a printed confirmation of theirrequest through eReassign.7. With the exception of the Clerk Craft, impacted craftsor occupational groups in installations under Article 12withholding are not available for transfer requests. In theClerk Craft only, excluding installations concurrentlyexperiencing excessing from the Clerk Craft, thefollowing vacancies will be made available througheReassign for transfer requests by full-time regularclerks in impacted offices under this procedure for aminimum of twenty-one (21) days before they may bewithheld under Article 12 and Article 37.3.A.3:a. Posted Clerk vacancies within the District whichare determined to be residual after completionof the bidding/assignment process in 37.3 and37.4.b. Posted Clerk vacancies in installations outsidethe District but within a one hundred (100) milegeographic radius of the impacted installation,which are determined to be residual aftercompletion of the bidding/assignment processin Article 37.3, and 37.4. The parties maymutually agree to expand the area ofconsideration beyond 100 miles if theydetermine it is necessary to provide sufficientvacancies for offices with excess Clerks.c. When the excessing involves part-time flexibles,PTF vacancies within the same areas identifiedin a and b above, will be made available fortransfer requests by part-time flexibles in theimpacted office.426

8. As a result of the MOU, there are no changes to theArticle 12 time frames for notification to the union.9. Disputes arising from the application of TransferOpportunities to Minimize Excessing MOU will beprocessed at the Area level. If unable to resolve at Arealevel the dispute will be forwarded to the Headquarterslevel.* * *MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOThe parties agree that when in small post offices there aretwo hours or less of contracted out custodial duties in aday that cannot be combined with other maintenanceduties to create a duty assignment, those duties will beassigned to an existing APWU bargaining unit dutyassignment in the facility.* * *427

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOCLERK CRAFTRe:Excessing by Seniority Task ForceConcerns have been raised with regard to the applicationof seniority when excessing out of the craft or installation.The parties have further agreed to explore how theexcessing of Clerk Craft employees solely by seniority mayresolve these potential issues. As a result, during the termof the 2010 National Agreement, the parties intend toexplore how Clerk Craft employees may be excessed outof the craft or installation consistent with Article 12 in orderof seniority.To further this effort, the parties agree to establish anational joint task force to develop a process for excessingout of the craft or installation by seniority for Clerk Craftemployees. This joint task force shall discuss contractualissues, legal requirements, and operational needs, as theyrelate to excessing by seniority. This joint task force shallbegin meeting no later than 30 days from the signing of thisAgreement. At the discretion of the task force, languageand/or Questions and Answers (Q & A’s) may be developedto further the implementation of any agreed-upon processof excessing from the craft or installation by Clerk Craftseniority. This language or these Q & A’s shall bedeveloped no later than by August 30, 2011.* * *428

Re:MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIOHuman Resources Shared Services Center (HRSSC)The parties agree that it is in their mutual best interest toresolve continuing issues with posting and bidding whichhave developed through the implementation ofcomputerized bidding through the Human ResourcesShared Services Center (HRSSC).To further this effort, the parties agree to meet at theheadquarters level within ninety (90) days after the signingof this agreement to discuss these matters and exploreopportunities for resolution.The parties will continue to meet as necessary to discussissues and to improve communication.* * *429

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INDEXAbolishmentBid Restrictions LiftedArticle Section Page(s)Qualification Failure 37 3F7b 177DefinedClerk Craft 37 1E 157Motor Vehicle Craft 39 1C8 226Accident 14 2 77Injury on the Job–Health14 3C 80ServicesInjury on the Job–21 4 127CompensationInvestigation, Safety and14 8A 82Health CommitteeInvestigation Board–Serious or 14 8C 85Fatal AccidentsReport Form 1769 14 2 77Vehicle Accidents, Effect on 29 138Government Driver’s LicenseVehicle Accidents, Suspension362and Reinstatement of DrivingPrivileges License, MemoAdministrative Support ManualPart 250 Tort Claims 27 135Part 535.261 Subcontracting404Cleaning Services, MemoAdvance NoticeDisciplinary 16 4–7 108-110Dues Withholding Revocation 17 7 119Employer Demand for Money 28 136(Shortages, propertydamages, etc.)Excessing 12 4, 5 48, 49431

Handbook, Manual andRegulation ChangesMemo re: Electronic Accessto InformationArticle Section Page(s)19 122Holiday Schedule 11 6 44368Involuntary Reassignments 12 4, 5 48, 49Layoffs 6 B 13Locker Inspections 17 9 120Motor Vehicle 39 3C 238New Mechanization 4 1 7New Positions 1 5 3Probationary Scheme Failure 12 1 45Reassignments, Involuntary 12 4, 5 48, 49Subcontracting 32 1 149Termination of Agreement 43 2 277Work and Time Standards 34 C, D 150Alcohol and Drug RecoveryProgramsEAP, Continuation of 35 1 153EAP, Subject for Labor-35 2 154Management CommitteeMeetingsReasonable Accommodation302of Hearing Impaired duringEAP, MemoUse on the Clock Prohibited 16 7 110Reinstatement of Driving362Privilege, Effect of EAPParticipationAll Regular Program 7 3A 23Annual Leave 10 38Choice Vacation 10 3 39Credit Union Work 36 1 155Jury Duty 10 3F 40432

Article Section Page(s)Minimum Charge 10 6 41Negotiation of Local Vacation 30 B4-20 140-142PlanningNo Forfeiture 10 3B 39On Union Business 24 2 129Vacation Planning 10 4 40With LWOP 10 6 41Annual Salary – See BaseAnnual Salary and Basic AnnualSalaryApplicability of Contract to 1 4 3Employees in Present andFuture FacilitiesApplicationDefinedClerk 37 1D 157Material Support 41 1D 262Motor Vehicle 39 1C3 220Falsification of Employment 12 1B 46ApplicationPromotion Eligibility Register 38 5B7, 8 212, 213Promotions, Best Qualified 33 2 149Motor Vehicle 39 1B8 226PTF Preference 37 5A 192Reinstatement/ReemploymentClerk 37 2D5a 162Material Support 41 2F1 266Maintenance 38 3F1 201Motor Vehicle 39 1B5a 222Arbitration 15 5 98Administration 15 6 106Arbitrability 15 5A9 101433

Article Section Page(s)Change of Work Schedule 15 5A 98General Provisions 15 4A 96Expedited–Regional Level 15 5C 104Bench Decisions 15 5C3f 104Briefs 15 5C3b 104MemosAdministrative Dispute352Resolution ProceduresMemoExpedited Memo 348Intervention, Memo 356Pilot Procedures, Memo 356Step 4 Procedures, Memo 353Timeliness of Appeals,354MemoWhere to Appeal, Memo 354Referral to Regular Arbitration 15 5C2 104Scheduling 15 5C1 104Time Limit for Award 15 5C3f 104Transcripts 15 5C3b 104Without Precedent 15 5C4 105National Arbitration15 5D 105SchedulingImpasse–Local Negotiations 30 C 142Local Implementation Memo 364Intervention by Other Parties 15 5A9 101National Level 15 5D 105Regular–Regional Level 15 5B, C 101, 104Briefs 15 5B7 103Referral to Step 4 15 5B5 102Scheduling 15 5B1-6 101-103Separate Panels 15 5B1 101Time Limit for Award 15 5B8 104434

Transcripts 15 5B7 103Resolving Disputes BetweenPhysiciansScheduling435Article Section Page(s)13 2B2 70General 15 5 98PriorityLayoffs 6 F1 18Mechanization Changes 4 2 7Safety and Health 14 2 87Time Limits, Effects of 15 4B, C 97, 97Withdrawal, General 15 5A4 99Articles 7, 12 and 13—Cross308Craft and Office Size MemoArticle 30–Local364Implementation MemoASM–See AdministrativeSupport ManualAssignmentBid–See Posting and BiddingUnder Each Craft HeadingCross Craft Assignments 7 2 22Employee Complements 7 3 23Into More Than One Craft 7 2A 22Temporary Changes 7 2B-C 23Cross Craft and Office Size308MemoHigher Level Details 25 4 130Transitional EmployeesIll or Injured—See Also Light 13 1 69Duty AssignmentsInvoluntary Assignment toVacant Positions:Clerk Craft 37 4 187New Positions to a Craft 1 5 3

Article Section Page(s)PTF Preference 37 5 192Reassignments–SeeReassignmentsSupervisor 204B DetailsClerks 37 3A8 169Maintenance 38 7E 218Materiel Support 41 2G3 269Motor Vehicle 39 2A10 234Voluntary Transfers–SeeVoluntary TransfersAttendance at UnionConventionGeneral 24 2A-C 129Local Negotiations on Issue 30 B8, 20 141, 142Use of Annual Leave 10 3F 40Audit of Stamp Credit 28 1E 137Automated Systems14 1 76DevelopmentAutomobile Insurance 17 7E 120BBargaining Information 31 144Bargaining Information Memo 366Bargaining Unit WorkSubcontracting 32 145Supervisors Prohibited from 1 6A, B 4, 5PerformingBase Annual SalaryPercentage Pay Increase9 1 30CalculationBase Hourly Straight Time RateHoliday Leave Pay Calculation 11 3A 43Holiday Worked PayCalculation11 4 43436

Article Section Page(s)Night Differential Calculation 8 7 29Night Differential Tables 9 30Overtime Calculation 8 4A 26Penalty Overtime Calculation 8 4C 26Part-Time Flexible Scheduled 11 7 45Regular Rate CalculationSunday Premium Calculation 8 6 29Basic Annual SalaryCOLA Roll-in 9 4 33Pay Increases 9 1 30Salary Schedule, Tables9 35-37One-ThreeBasic Work WeekChanges and RepostingClerk 37 3A4 166Maintenance 38 4A4 206Material Support 41 3A 271Motor Vehicle 39 2A 231Information on NoticesClerk 37 3E 176Maintenance 38 4C6 207Material Support 41 3D 273Motor Vehicle 39 2D8 236Local Negotiations 30 B2 140Normal Work Week 8 1, 2 25See Also Service Week andWork WeekBench Decision, ExpeditedArbitration 15 5C3f 104Benefit PlansAutomobile Insurance 17 7E 120Continuation During Layoff 6 E2 18437

Continuation During UnionLWOPArticle Section Page(s)24 1 128Health Benefits 21 1 125Health Benefits Brochures 21 5 127Homeowners Insurance 17 7E 120Injury Compensation 21 4 127Life Insurance 21 2 126Retirement 21 3 127Tenant Liability Insurance 17 7E 120Best Qualified PositionsApplication—See ApplicationBidding To VacanciesBest Qualified 37 3A7 169Senior Qualified 37 3A11 173Craft Promotions 33 2 149Seniority Upon Return From 12 2 46Best QualifiedMaintenance 38 3G 202Motor Vehicle 39 1B2 221BidsBidding Limitations 12 3A 47Bids With Required Computer384Skills, MemoSpecial Rules on Excessing 12 4, 5 48, 49and ReassignmentSee AlsoDefinitions Under Each CraftHeadingInterlevel BiddingPosting and Bidding UnderEach Craft HeadingBrush-up TrainingBundle Sorting Machine,Brush-up MemoIID 400438

Article Section Page(s)Defined 37 1L 158Examination Not Required,IIG 401Brush-up MemoFlat Sorting Machine, BrushupIID 400MemoLSM–Non Scheme, Brush-upIIB 398MemoLSM–Scheme Application,IIC 399Brush-up MemoManual Scheme, Brush-upIIA 398MemoMemory Items, Brush-upIIE 400MemoMPLSM Keyboard Training,III 402Brush-up MemoMultiple Schemes, Brush-upIV 402MemoOn the Clock Training, BrushupIIG 401MemoOther Non Scheme Training,IIG 401Brush-up MemoParcel Sorting Machine,IID 400Brush-up MemoScheme Changes, Brush-upIIF 401MemoBulletin Boards 22 127See Also Posting and BiddingUnder Each Craft HeadingBumpingRight to Work Assignment 37 3F10 186CCall-In Pay 8 8 29Full-Time Employee 8 8B 30Non-Scheduled Day 8 8B 30Carryover, Annual LeaveMemo329439

Checkoff 17 7 119Checks, Responsibility forCashingSee Also Employer Claims28 1D 137Choice of Vacation Period 10 3A-F 39-40Local Negotiations OverVacation Issues30 B4-12,20140-141,142Christmas Work and Pay 11 4B 43Civil Rights 2 5Claims–See Employee Claimsand Employer ClaimsArticle Section Page(s)Cleaning Services, ASM,404Maintenance Craft,Memorandum ofUnderstandingClerk Craft 37 156Anti-Fatigue Measures 37 6A, B 196Computerized Forwarding 37 8 196SystemListing of Key and Standard 37 9 197PositionsPTF Preference 37 8 196Scheme Committee 37 7 196See Also SchemesSupervisory Detail, 204b 37 3A8 169Telephone Policy 17 8 120See Also–LocalImplementation (Subjectsfor Negotiation–Clerk)Definitions 37 1A-L 156-158Abolishment 37 1E 157Application 37 1D 157Bid 37 1C 157Brush-up Training 37 1L 158440

Article Section Page(s)Conversion 37 1I 157Craft Group 37 1A 156Currently Qualified 37 1J 157Duty Assignment 37 1B 156Live Record 37 1K 158Multi Craft Position 37 3A4e 168Reposting 37 1G 157Residual Vacancy 37 1H 157Reversion 37 1F 157Clerk Craft–Posting and37 3A–F 165-177BiddingBest Qualified Vacancies 37 3A7 169See Also Best QualifiedPositionsInformation on Notices 37 3E 176Installation-Wide Posting 37 3C2 176Interlevel Bidding 37 3A10 172Interlevel Bidding–Entrance387Examination MemoLength of Posting 37 3D 176Live Bidder, Subsequent Bids 37 3F8 185New and Vacant Full-Time 37 3A 165PositionsChanges in Basic Work 37 3A4a 166WeekChange in Duties 37 3A4b 166Change in Starting Time 37 3A4c 166Non Bargaining Unit (204B) 37 3A8 169Place of Posting 37 3C 176Principal Assignment Area 37 3A4b 166Principal Assignment Area 37 3E5 177PTF Preference 37 5 192Relief and Pool 37 3F9 186441

Article Section Page(s)Reversion 37 3A1, 2 165Results of Posting 37 3F 177Senior Qualified Positions 37 3A11 173Schedule 37 3E4 176Schemes 37 3E3 176Skill Demonstration 37 3F5 182Stamp Stock Tolerances,361MemoTrainingBrush-up, Memo 397Computer Skills 384Productive Distribution,386MemoRetail Training Task Force,389MemoTyping 37 3F5 182Unassigned Regular–SeeUnassigned RegularsUpgraded Positions 37 3A9 171Clerk Craft Seniority 37 2A–D 158-159Application 37 2D 157Best Qualified 37 3A7 169Conversion–PTF Preference 37 5A–C 192-194Corrections 37 2A2 158Lists 37 2C 159Military Service 37 2D5b 162Mutual Exchanges 37 2D7 164New Period of Seniority 37 2D6 164PTF Preference—37 5A–C 192-194ConversionReassignment of PTF37 2D2 160Employees to Clerk CraftReemployment 37 2D5, 6 162, 164442

Relative Standing of Full-Time EmployeesRelative Standing of Part-Time Flexible EmployeesArticle Section Page(s)37 2D1 15937 2D3a–c 160-161Resignation 37 2D5a 162Retained, Regained or37 2D5a–c 162RestoredRetirement 37 2D5a 162Seniority Lost 37 2D6 164Seniority Modified 37 2D7 164Tie Breaker 37 2D4 161Transfers 37 2D3b 160Transfers — Mutual37 2D7 164ExchangeCoverage 37 2B 159Introduction 37 2A 158Responsibility 37 2C 159Clerk Craft–Unencumbered 37 4 187EmployeesAssignment 37 4C 187Change of Schedule 37 4B 187Coverage 37 4A 187Higher Level 37 4C5 188Lower Level 37 4C6 189Machine Register 37 4C7 191COLA–See Cost-of-LivingAdjustmentsCollection Procedures,28 4A, B 138Employer ClaimsCombining Work of DifferentCrafts7 2A 22443

Combining Work of Same CraftCommitteesAdministrative DisputeResolution Procedures7 2A1 23352Human Rights 2 2 187Joint Labor-Management(Area)Joint Labor-Management(Local)Joint Labor-Management(Local Parking)Joint Labor-Management(National)Article Section Page(s)17 5A 11617 5A 11620 3 12717 5B–D 116-117Joint Labor-Management, 4 2 7Technological orMechanization ChangeLabor-Management 17 5A–B 116National Joint Labor-26 1 131Management UniformControlNational Study on Parking 20 1 125Safe Driver 29 138Scheme 37 7 196Safety 14 3 78Training, Memo 373See also Task ForceComparative Work Hour12 4C 49ReportCompensation Injury (OWCP) 21 4 127Competitive Register 37 2D3 160Computer Aptitude Tests 385Computer Tapes 31 2 144Union Information Memo444

Computerized ForwardingSystemSee Also Interlevel BiddingConsecutive Overtime Days–Full-Time Regular EmployeesConsolidated Installations37 8 1968 5F 28Local Negotiations 30 F 143Reassignments 12 5C2, 3,6Consumer Price Index56, 64Change in Form by BLS 9 3F 7Defined 9 3A1 32Used to Calculate Cost-of-Living AdjustmentContracting–SeeSubcontractingArticle Section Page(s)9 3B, C 32-33Conventions, Union 24 2A–C 12930 B8, 20 141, 142ConversionPart-Time Flexible to Full-Time 7 3A, C 23, 24See Also Seniority UnderEach Craft HeadingCost-of-Living Adjustments 9 3B 32Effective Dates 9 3B 32Formula 9 3C 33Index Used 9 3A 32When Used 9 3D 33Councils, Field Federal Safety 14 9 86& HealthCourt Leave, PTF Memo 330Covered Employees,Agreement1 4 3445

Craft Articles–See IndividualCrafts in this Index for MoreDetailClerk 37 156-197Maintenance 38 197-220Material Support 41 262-277Motor Vehicle 39 220-239Operating Services 40 239-262Craft Assignment, NewPositionsCraft Group, Defined446Article Section Page(s)1 5 3Clerk 37 1A 156Motor Vehicle 39 1C2 227Operating Services 40 1A 239Craft Lines, Crossing 7 2A–C 22Cross Craft MemoSee Also–Seniority UnderEach Craft HeadingCraft Promotions 33 2 146See Also–Posting and BiddingUnder Each Craft HeadingCredit Union or Bank17 7E 120DeductionsCredit Unions and Travel 36 155Annual Leave for Duties 36 1 155Mileage Allowance 36 2 155Travel Authority 36 2 155Cross Craft Assignment of 7 2A–C 22-23EmployeesCross Craft Memo 298Cross Craft Reassignment338MemoSee Also–Seniority UnderEach Craft Heading

Crossing Craft Lines Rules 7 2A–C 22-23Currently QualifiedArticle Section Page(s)Defined 37 1J 157PTF Preference 37 5A6 193PTF Preference Memo 383DDamage to USPS Property & 28 3 199VehiclesDebt Collection Act 28 4A–B 138Deferment Period for TrainingLength of DefermentMachine 37 3F4 180Multiple Skills 37 3F7 183Other Training 37 3F7 183Scheme 37 3F3 178List of Positions with37 3F7 183DefermentsProductive Distribution, Memo 386Sequence of Training, Brush-IV 402Up MemoSubsequent Bid, Effect of 37 3F8a 185Withdrawal, Effect of 37 3F1c 17737 3F3b 18037 3F4b 18037 3F7 18337 3F8b 185Delivery/Sales Services andDistribution Associate, PS-06Implementation date for new390positionPosition description 390447

DemotionArticle Section Page(s)Excessing and Reassignments 12 4C 49Mechanization and4 3 8TechnologyRate Protection, General 9 6 34Clerk Craft 37 4C6b 190Detail ToCentral Installation (Excessing 12 5B7 52and Reassignment)Cover Training Deferment 37 3F3c 18037 3F4c 181Higher Level Craft 25 4 130Higher Level—Pay 25 2 130Lower Level—Pay 25 2 130Motor Vehicle Details 39 3E 238Temporary Holddowns 39 1J 230Supervisor 204B PositionsClerk 37 3A8 169Maintenance 38 7E 218Material Support 41 2G3 269Motor Vehicle 39 2A10 234Developmental Opportunities,MemoDirectional Fans 39 3G 238DisabilityHandicapped Discrimination 2 1 5ProhibitedDeaf and Hard of Hearing302MemoInjury Compensation 21 4 127Layoffs, Special Provisions 6 A3 11Light Duty Requests andReassignments13 2 69448

Article Section Page(s)Rehabilitation Act 2 1 5Retirement 21 3 127Seniority Provisions, SpecialClerk 37 2D5 162Maintenance 38 3F1 201Material Support 41 2F 266Motor Vehicle 39 1B5 222Disagreement, MedicalConditionInitial Light Duty Request 13 2B2 70Periodic Light Duty Request 13 4G 73Discharge 16 5 108Discipline Procedure 16 107Alcohol Use on the Clock16 7 110ProhibitedBasic Principle 16 1 107Discharge 16 5 108Discussion, Private (Not16 2 107Discipline)Drug Use on the Clock16 7 110ProhibitedEmergency Procedure 16 7 110Indefinite Suspension 16 6 109Letter of Warning 16 3 108Records 16 10 112Review of Discipline 16 8 110Suspension of 14 Days or Less 16 4 108Suspension of More Than 14 16 5 108Days or DischargeVeterans’ Preference 16 9A–B 111Discipline Records 16 10 112449

Discrimination 2 5Deaf and Hard of Hearing,Memo of Understanding302Discussion of Minor Offenses 16 2 107Discussion Records 16 2 107Distribution–See SchemesArticle Section Page(s)Driver’s License 29 138Initial Issuance 29 138On-Duty Driving Record 29 138Reinstatement of,362MemorandumState Driver’s License 29 138Drug Recovery Programs 35 153Dues Checkoff 17 7A–D 119Indemnification 17 7D 119Duration Clause 43 2 277Duty AssignmentChanges To–See Posting andBidding Under Each CraftHeadingDefinition–See DefinitionUnder Each Craft HeadingInformation on Posting–SeePosting and Bidding UnderEach Craft HeadingEEarly Retirement 6 B4 13Effective Dates of Agreement 43 2 277Eight Hours–Normal Work Day 8 1 25Within Nine 8 1 25Within Ten 8 1 25Electronic Access toInformation Memo368450

ELM–See Employee and LaborRelations ManualEmergencyArticle Section Page(s)Annual Leave Commitments 10 4D 41Defined 3 F 7Discipline Procedures 16 7 110Supervisor Performance of 1 6A 4Bargaining Unit WorkEmployee and Labor RelationsManualHealth Insurance 6 E2 18Life Insurance 6 E2 18Mutual Exchanges 39 1B12 227Part 420 Transfers–Placement341in Pay Grade and StepPart 435 Layoffs, Severance 6 B4, E1 13, 18PayPart 510 Leave 10 2 38Part 516 PTF Court Leave 323Employee Assistance Program 35 153Employee Claims 27 135Denial Letter 27 135Motor Vehicle and Contents 27 135Tort Claims 27 135Employee Classification 7 19See Also:Full-Time EmployeesPart-Time Fixed ScheduleEmployeesPart-Time FlexibleEmployeesPostal Support Employees 279451

Employee ComplementsSee–Work Years or Number ofEmployeesEmployee Discipline Records 16 10 112Employees Hiring andAssignmentArticle Section Page(s)Full Time 7 1A1 19Part Time 7 1A2 19Employees–Included in1 4 3AgreementEmployees–Excluded in1 2 2AgreementEmployees–On Leave With 24 1,2 128, 129Regard to Union BusinessEmployees Request forReassignmentSee–Ill or InjuredReassignmentsVoluntary TransferEmployer Claims 28 136Bad Checks 28 1D 137Collection Procedures 28 4 138Damage to USPS Property and 28 3 138VehiclesDebt Collection Act 28 4A 138Incorrect Fees Collected, Loss 28 2 137or Damage of the MailsShortages in Fixed Credits 28 1 137Employer RightsDetermine Methods, Means, 3 D 6and PersonnelDirect Work Force 3 A 6452

Article Section Page(s)Hire, Promote, Transfer,3 B 6Assign, Retain, Suspend,Demote, DischargeMaintain the Efficiency3 C 6OperationPrescribe the Uniform Dress 3 E 6Take Necessary Action in3 F 7EmergenciesEmployment–WorkAssignments, See AssignmentEnergy Shortages 42 277Enter Postal Installations,23 128Rights of Union Officials toEquipmentEmployer ProvidesMaintenance Tools and 38 7A 217EquipmentMotor Vehicle Tools and 39 3A 237EquipmentOperating Services Craft 40 8J 257ToolsProtective Equipment,14 8D 85Hazardous MaterialsSafety and Health, General 14 2 77Ergonomics 14 1 76Joint Labor-Management 14 3A 78Ergonomics CommitteeSafety and Ergonomics14 3A 78CommitteeFunding 3A 78Examination Specialist, SP2-188Maintenance 38 7D 218Motor Vehicle 39 1H 230Examinations–See Tests453

Excess Employees 12 5 49-68Identification of ExcessEmployeesArticle Section Page(s)38 3K 203Maintenance 38 3K 203Motor Vehicle 39 1D 229Operating Services Craft 40 6 248-249Non Mail Processing Surplus 41 2E5 266EmployeesSee AlsoReassignmentsSeniority Under Each CraftHeadingExcessing Employees–SeeReassignmentsExcluded Employees 1 2 2Existing Local Memoranda of 30 A 140UnderstandingExpedited Arbitration–SeeArbitrationFFacility Exclusions 1 3 2Falsification of Employment 12 1B 46ApplicationFederal Creditable Service,Seniority Tie Breaker–SeeSeniority Under Each CraftHeadingForms1187 Dues Withholding 17 7 1191717 Bid Form 37 1C 1571717A Multi-Bid Form 37 1C 1571723, Notice of AssignmentClerk 37 3A8 169454

Article Section Page(s)Maintenance 38 7E 218Motor Vehicle 39 2A10 2341769 Accident Report 14 2 77SF-95 Tort Claim 27 135Full-Time EmployeesCall-In Guarantee 8 8A 29Outside Regular Schedule 8 8A 29Non-Scheduled Day 8 8B 30Complements 7 3 23Definition and Use 7 1A1 19Flexible Assignments, Memo 309Normal Work Week 8 2C 25Overtime Penalty Pay 8 4C 26Overtime Work Restrictions 8 4D, F, G 26, 27Schedule 8 2 25Service Day 8 2B 25Work Week 8 2C 25GGlobal Settlement Memo 299Government Driver’s License 29 138Initial Issuance 29 138Reinstatement of,362MemorandumState Driver’s License 29 138Grievance Procedure 15 87Area Wide Policies,15 291Procedures or GuidelinesStep3 (a)Definition Principles 16 1 107Discussions–Not Grievable 16 2 107General Procedures 15 4 96Step 1 15 2 87455

Article Section Page(s)Step 2 15 2 87Step 3 15 2 87Step 4 15 2 87Restriction–Discussions Not 16 2 107GrievableSpecial Procedures:Discrimination (Article 2) File 2 3 6at Step 2Employee Claims 27 135Handbook and Manual19 122Changes Filed at NationalLevelLayoff Provisions File at 6 F1 18Step 3Layoff Provisions–Priority 6 F1 18ArbitrationLocal Negotiation Impasses 30 A 140Local Negotiations Impasse364Procedures MemoMediation 15 3A–F 95-96Memoranda:Administrative Dispute352Resolution ProceduresGrievance/Arbitration354AppealsExpedited Arbitration 348Processing Post Removal349GrievancesStep 2(h) Appeals 354Step 4 Procedures 353Safety and Health Complaint 14 2(c) 77File at Step 2Safety and Health–Priority 14 2(d) 77ArbitrationTechnological orMechanization Changes4 2 7456

Article Section Page(s)Time Limits, Effects of 15 4B, C 97Timeliness Regarding Step 2(h)354Appeals MemoUnion’s Right to Initiate 15 2(a) 87See Also–ArbitrationGroup Automobile Payroll17 7E 120DeductionsGuarantees 8 8 29Full-Time Employee 8B 30Part-Time Employee 8C 30Night Shift Differential 7 29Overtime Penalty Pay 4C 26Overtime Work 4A 26Overtime Work Restrictions 4B 26PSE Memo 279Sunday Premium Payment 6 29Work Schedules 2 25Guards (Security) Excluded 1 2 2HHandbooks and Manuals 19 2D 124Arbitration Within 30 Days 19 2D 124Consistency With Agreement 19 1 122Electronic Access 19 1 122Fair, Reasonable, Equitable 19 1 122Notice to Union 19 1 122Handbooks and Manuals, CitedAdministrative Support ManualPart 250 Tort Claims Act 27 27 135Part 531.5, Maintenance406Craft Jobs MemoPart 535.261,Subcontracting CleaningServices, Memo404457

Employee and Labor RelationsManualArticle Section Page(s)Health Insurance 6 E2 18Mutual Exchanges 39 1B12 227Part 420–Transfers, Pay338Grade and Step, MemoPart 435–Layoffs, Severance 6 B4, E1 13, 18PayPart 510–Leave 10 2 38Part 512.73d–Terminal329Leave PaymentPart 516–PTF Court Leave 330F-10, TravelMileage Allowance 36 2B 156Reassignments and Moving 12 5B5 52ExpensesF-21, Timekeeper’s19 122InstructionsMileage Allowance 36 2B 156Reassignments and Moving 12 5B5 52ExpensesPostal Service Manual (now 19 122ELM)Publication 52, Hazardous 14 8D 85MaterialsHandicapped Discrimination 2 1 5Reasonable Accommodation302of Deaf and Hard of Hearing,MemoRehabilitation Act 2 1 5Hazardous Materials 14 8D 85HealthAPWU Consumer Driven Plan,291, 359MemoArticle 21.1 Memo 359458

Article Section Page(s)Benefit Brochures 21 5 131Benefit Contributors 21 1 125Benefits 21 1 125Environmental Conditions 14 2 77Insurance 21 1 125Services, Availability 14 3C 80Unit 14 7 82See AlsoAccidentsIll or InjuredInjury on DutySafety and HealthVehiclesHearing Impaired Memo 302Higher Level Assignments 25 129Authority For 25 3 130Definition 25 1 129Details 25 4 130Leave Pay 25 5 131Long Term Assignment 25 5 131Pay 25 2 130Short Term Assignment 25 5 131Terminal Leave 25 5 131See Also–Best QualifiedHighway Movement of Mail 32 2 146Average MVS Employee Costs 32 2E1 147Contract Costs 32 2G 148Cost Comparisons 32 2E 147Cost Factors 32 2E–H 147-148Criteria 32 2H 148Factors to be Considered 32 2A 45459

Information to be Furnished 32 2C–D 146-147Subcontracting Memos 412Holidays 11 42APWU Administration ofHoliday Work MemoArticle Section Page(s)326Christmas 11 4B 43Eligibility 11 2 42Local Negotiation of Schedule 30 B13 141Non-Work Day 11 5 44Observed 11 1 42Part-Time Flexible Employees 11 7 45Pay for Holiday Leave 11 3 43Pay for Holiday Work 11 4 43Schedule 11 6 44Work 11 4 43Home Owners/Tenant Liability 17 7E 120InsuranceHourly Rate of Pay–See BaseHourly Straight-Time RateHours of Duty–See Posting andBidding Under Each CraftHeadingHours of Work 8 25APWU Administration of326Overtime MemoExceptions 8 3 26Guarantees 8 8 29Night Shift Differential 8 7 29Overtime Assignments (Lists) 8 5 27Overtime Penalty Pay 8 4C–E 26-27Overtime Work 8 4 26Overtime Work Restrictions 8 5F, G 27Part-Time Employees 8 3 26460

Article Section Page(s)Posting of Job Bids–SeeIndividual Craft Provisions onPosting and BiddingSunday Premium Payment 8 6 29Work Schedules 8 2 25Work Week 8 1 25Full-Time Regulars 8 1 25Part-Time Regulars 8 1 25Human Factors 14 1 76Human Rights Committee 2 2 5IIll or Injured Employees,13 69-76Assignment ofAuthority of Installation Head 13 2C 71to Determine ReassignmentsEligibility for Reassignment 13 2B1 70Filling Vacancies due to13 5 75Reassignment to AnotherCraftGeneral Policy on13 4 72ReassignmentsLocal Implementation 13 3A–C 71-72Permanent Reassignments 13 2B 70Seniority of Employee13 6 76Assigned to Another CraftTemporary Reassignments 13 2A 69Impasse Arbitration 30 C 142Impasse, Local30 A 140ImplementationImpasse Procedures, Memo 364IncumbentChange to Reporting Time–See Posting and BiddingUnder Each Craft Heading461

Article Section Page(s)Upgraded Positions–SeePosting and Bidding UnderEach Craft HeadingIndefinite Suspension 16 6 109InformationBargaining Memo 366Computer Tapes 31 2 144Electronic Access Memo 368Request For 31 2 144Reimbursement of USPS 31 3 144Right to 31 3 144Safety Committee14 8A 82InvestigationSteward Investigation 17 3 114Injury on DutyAccident Report Form 1769 14 2(d) 77Compensation, Injury 21 4 127Health Services 14 3C 80Investigation–Safety and14 8A 82Health CommitteeInvestigation Board– Serious 14 8C 85or FatalReassignment to Light Duty:See Light DutySee Also AccidentInspection ServiceExcluded From Agreement 1 2 2Interviews 17 3 114Interrogation by 17 3 114Labor Relations 350Inspections, Lockers 17 9 120See Also–Locker Inspections462

InstallationConsolidatedArticle Section Page(s)Local Negotiations 30 E 143Reassignments 12 5C2, 3, 56, 646Discontinued 12 5C1 53Installation-wide Posting–SeePosting and BiddingProvisions of Each CraftArticleNew or Future 1 4 3Size–See Work Years orNumber of EmployeesUnion Right to Enter 23 128InsuranceAPWU Consumer Driven359MemoAutomobile 17 7E 120Health 21 1 125Homeowners 17 7E 120Life 21 2 126Tenant Liability 17 7E 120Interlevel BiddingClerk 37 3A10 172Maintenance 38 5B2 211Motor Vehicle 39 1C7 225Interpreters, Deaf and Hard of302Hearing, MemoInterrogation, Inspection17 3 114ServiceInspection Service Memo 350Inverse Seniority (Overtime) 8 5D 28463

InvestigationsArticle Section Page(s)Accidents and Injuries 14 8A 82Information RequestsSteward 17 3 114Safety and Health 14 8A 82General 31 2, 3 144Injuries, Serious and Fatal 14 8A 82Inspection Service 17 3 114Inspection Service Memo 350Polygraphs, Voluntary 17 3 114Safety and Health 14 8A 82Steward InvestigationsGrievances 17 3 114Safety and Health 14 2 77Pay 17 4 115Involuntary Layoff–See LayoffsInvoluntary Reassignments 12 4, 5 48, 49See AlsoReassignmentsSeniority Provisions UnderEach Craft HeadingJJob Security 6 9Joint Committees–See AlsoCommitteesLocal Joint Labor-Management CommitteesJoint Task Force–SeeCommitteesJuniority (Overtime Desired List) 8 5D 28464

Jury DutyArticle Section Page(s)During Choice Vacation 10 3F 40PTF Court Leave Memo 330Just Cause Defined 16 1 107KKey or Standard PositionsInformation on Postings–SeePosting And Bidding UnderEach Craft Heading ListingsClerk–To Union 37 9 197Clerk–Senior Qualified 37 3A10 172Maintenance–Senior38 5B2 211QualifiedMotor Vehicle–Senior39 2A10 234QualifiedLLabor-ManagementCommitteesSee–CommitteesSee–Local Joint Labor-Management CommitteesLaw CitationsFederal Tort Claims ActClaims for Damage to27 135Privately Owned VehiclesNational Labor Relations Act 5 9§8(d) Unilateral ActionInformation Requests 31 3 144Public Laws83-102 Excessive Leave329Carryover Memo91-375, 1201(2) SecurityGuards Excluded fromAgreement1 2 2465

US CodeArticle Section Page(s)5 USC Chapter 35–Layoffs 6 (3) 105 USC Chapter 81–Injury 21 4 127Compensation5 USC Chapter 84–21 125Retirement Benefits5 USC 8336(d)(2)–Layoffs, 6 B4 13Early Retirement38 USC Chapter 43–6 A3(a) 11Absences Counted asWork–Layoffs39 USC 1205–Dues17 7A 119CheckoffVeterans’ Preference Act– 16 9 111Election of Appeal ForumsWilliams-Steiger Occupational 14 3D 158Safety and Health Act §19LayoffsArbitration, Priority Scheduling 6 F1 18PSE, Separate Before Layoffs 6 B4 13Disputes 6Grievance Procedure,6 F 18Special RulesHealth Insurance Coverage 6 E2 18During LayoffIntent of Layoff Protections 6 G 18Lifetime Protection, Achieving 6 A 10Six Year Rule 6 A3 11Twenty Pay Period Rule 6 A3(a) 11Work Credits Toward Six 6 A3 11YearsOrder of Layoffs 6 C2 15Overtime, Reduction Before 6 B4 13LayoffsPreconditions for Layoffs 6 B 13466

Article Section Page(s)Protection Against Layoffs 6 9Lifetime for Employees Hired 6 A1 10Before September 15,1978Lifetime After Six Years of 6 A3 11Continuous ServiceProvisionsReassignments, Before6 B 13LayoffsRecall Rights 6 D 16Regular Work Force 6 (1) 9Reports to Union 6 F2 18Retirement to Union 6 B4 13SeniorityUnits 6 C3 15Layoff by Inverse Seniority 6 C5 16Recall by Seniority 6 D1 16Stewards, Super Seniority 6 C4 15Severance Pay 6 E 18Stewards, Super Seniority 6 C4 15Lead Mail Processing ClerkIntent behind creation MOU 2 376Responsibilities MOU 2.A 376Leave–Administrative 10 38Leave–Annual and Sick 10 38APWU Administration of326Choice Vacation MemoAttendance at UnionConventions10 3F 4024 2A, B, C 129Bereavement Leave 334Choice Vacation Period 10 3 39467

Article Section Page(s)During Choice Vacation10 3F 40Period, Union Officials24 2B, C 129Funding 10 1 38Minimum Charge 10 6 41No Forfeiture–Annual Leave 10 3B 39Pay while on Higher Level 25 5 131AssignmentSick 10 5 41Preference 10 2B 38Vacation Planning 10 5 41With LWOP 10 6 41Leave, PTF Court Leave Memo 330Leave Regulations 10 2 38Leave Without Pay–See LWOPLetter of Warning 16 3 108Life Insurance Program 21 2 126Lifetime Job Security 6 (1) 9Lifetime Job Security,6 (1), (2) 9Employees Hired After Sept 15,1978Light Duty Assignments 13 69-76Establishment of 13 3A–C 71-72Filling Vacancies Due to13 5 75Reassignment of anEmployee to Another CraftGeneral Policy 13 4 72Local Negotiations 30 B15–17 141Number 13 3C 72Permanent Reassignment 13 2B 70Seniority of an Employee13 6A, B 76Assigned to Another CraftTemporary Reassignment 13 2A 69468

Limitation, Use of DiscussionRecordsLimitations on Revocation ofOF-346Memorandum ofUnderstanding16 2 10729 138362Literature Racks 22 127Live Bidder, Effect ofSubsequent BidLive Record37 3F8 180Brush-up Training Memo 298Defined 37 1K 158Local Implementation 30 140-143Alleged Violations of LocalAgreements30 D 143Arbitration of Impasses 30 C 142Existing Local Memorandum ofUnderstandingImpasse Procedures,MemorandumNew or ConsolidatedInstallations30 A 14030 E 143Subjects for Local Negotiation 30 B 140Subjects for Negotiations–ClerkAssignment of SuccessfulBidder37 3F2 178Length of Posting 37 3D 176Reposting Because ofChanges37 3A4 166Seniority Listing 37 2C 159Subjects for Negotiations–MaintenanceReposting Because ofChangesArticle Section Page(s)38 4A4, 5 206469

Seniority Listings 38 3D 200Subjects for Negotiations–MVSAssignment of SuccessfulBidderArticle Section Page(s)39 2E2 237Calendar-Year Repostings 39 2A7 232Length of Posting 39 2C 235Reposting Because of39 2A4 231Changes39 2A3 231Seniority Listings 39 1F 229Assignment of Successful 39 2A7 232BidderCalendar-Year Repostings 39 1C 227Local Joint Labor-Management CommitteesAnti-Fatigue Measures 37 6 196General 17 5 116Employee Assistance35 2 154ProgramsErgonomics Committee 14 3A 165Parking 20 3 124Safety and Health 14 4, 8 80, 82Scheme 37 7 196See Committees, Task ForceLocal Negotiations, See LocalImplementationLocker Inspections 17 9 120Loss or Damage of the Mails 28 2 137LWOP–Leave Without Payfor Union Conventions 10 3F 40for Union Business 24 2 129in Conjunction with AL or SL 10 6 40470

Article Section Page(s)MMail Equipment Shop 41 262Recognition 1 1 1Mail Handlers, Excluded 1 2 2Mail Handlers, Included,Articles 7, 12 and 13 MemoMail, Lost or Stolen 28 136Maintenance Craft 38 197Definitions 38 2 197Arbitrary 38 2I 199Craft 38 2A 197Duty Assignment 38 2C 198Installation 38 2B 197Maintenance Craft 38 2A 197Occupational Group 38 2H 199Preferred Duty Assignment 38 2D 198Seniority for Preferred38 2G 198AssignmentService Seniority 38 2E 198Employee Developmental403Opportunities, MemoIntroduction 38 1 197Craft Positions, Jurisdiction 38 1 197Posting and Bidding 38 4A, B 204, 207Change in Basic Work Week 38 4A4 206Change in Duties 38 4A5 206Change in Starting Time 38 4A4 206Duty Assignment Not38 4A2 206PostedFilling Vacant or Newly38 4A1 204Established DutyAssignmentsInformation on Notice 38 4C 207471

Article Section Page(s)Length of Posting 38 4A1 204Newly Established Positions 38 4A1 204Place of Posting 38 4B 207Position Reverted 38 4A3 206Successful Bidder 38 5C1 207Supervisor Details (204b) 38 7E 218Upgraded Positions 38 5B4 211Selection Methods 38 5A–D 207-215Entry into Craft 38 5A9 210Filling Vacant Assignments 38 5B5 212Incumbency 38 5B4a, b 211Lateral Transfers 38 5B3 211New or Amended Preferred 38 5A6a–e 209-209Assignment SelectionFormNewly Established Positions 38 5A3, 4 208Part-Time Regular 38 5A7 209Positions Filled by Senior 38 5B2a–jQualifiedPreferred Assignment 38 5A1–11 207-210Preferred Assignment38SelectionRegisters, Establishment of 38 5A1 207Promotion 38 5B–D 210-215Promotion Eligibility38 5B–D 210-215Registers, EstablishmentofPromotion Eligibility38 5D 215Registers, Updating ofResidual Vacancy 38 5A10 210Successful Applicants 38 5C 214Unassigned Full-Time andPart-Time Fixed ScheduleEmployees38 5A8 210472

Article Section Page(s)Upgraded Positions 38 5B4 211Seniority 38 3 199Coverage 38 3B 200Excess Employees 38 3K 203Granted by Law 38 3H 202Introduction 38 3A 199Lists 38 3D 200Posted 38 3D 200Updated 38 3D 200Loss of 38 3E1, 2 200Military Service 38 3H 202Modified 38 3I 202New Period of 38 3E 200Preferred Duty Assignments 38 2F 198Reduction/Preferred38 3G 198AssignmentsResponsibility for38 3C 200AdministrationRestoration of, for Preferred 38 3F 201AssignmentsRestoration Service38 3F 201SeniorityService Seniority 38 2E 198Tie Breakers 38 3J 203Special Provisions 38 7 217Biddable Positions 38 7D 218Cleaning Service38 404Subcontracting, MemoOvertime Desired List 38 7B 218Relief Assignments 38 7C 218Supervisory Details (204b) 38 7E 218Tools 38 7A 217473

Work Clothes Program-Custodial MaintenanceTraining474Article Section Page(s)26 3 134Advance Notice, Off-Site 38 6A4 216Assignment Requirements 38 6A5 216Billet Allocations, Furnished 38 6A6 217to UnionInvoluntary Selections 38 6A3 216Job Related, Level 8-10, 38 6A1 216VolunteersOpportunities, Levels 1-7 38 6A1 216Placement Duration 38 6A5 216Placement in Duty38 6A5 216Assignment UponCompletion ofPosting of Volunteers 38 6A2 216Major Metropolitan Areas– 12 4B 48ReassignmentsMan Years–See Work Years orNumber of EmployeesManagement Rights 3 6Managerial Personnel1 2 2ExcludedManuals and HandbooksSee Handbooks and ManualsMaterial Support Craft 41 262Recognition 1 1 1Definitions 41 1 262Abolishment 41 1E 262Application 41 1D 262Bid 41 1C 262Conversion 41 1H 263Duty Assignment 41 1A 262Preferred Duty Assignment 41 1B 262

Article Section Page(s)Residual Vacancy 41 1G 262Reversion 41 1F 262Seniority 41 2 263Application 41 2D 264Bidding 41 2G1b 268Non-Bidding Unit Position 41 2G3 269Coverage 41 2B 263Disability Separation 41 2F1 266Introduction 41 2A 263Modified 41 2F 266PTF Employees 41 2D3 265Tie Breakers 41 2D2 264Responsibility 41 2C 263Return Within 90 Days 41 2F3 267Veteran Employees 41 2H 270Posting, Principles of 41 3 271Information or Notice 41 3D 273Length of Posting 41 3C 273Vacant Duty Assignments 41 3A 271Place of Posting 41 3B 273Successful Bidder 41 3E 274Definition of Section 41 3F 275General Provisions 41 4 276Anti Fatigue Measures 41 4B 276Tools 41 4A 276Maximization–Full-Time7 3B, C 24, 24EmployeesMaximization Memo 309Mechanization 4 7Mediation 15 3 95475

Medical ConditionIll or Injured Employees 13 2B 69See AlsoArticle Section Page(s)13 4G 73AccidentsHealthIll or InjuredInjury on DutySafety and HealthMembership Solicitation 31 1 144Memorandums ofUnderstandingAdministrative Dispute352Resolution ProceduresAnnual Leave Carryover 329Annual Leave Exchange328OptionAir Conditioning in 9 Ton410Vehicles, Tractors, andSpottersAPWU Administration of326Overtime, Choice VacationPeriods, and HolidaysArticle 1.6.B Global Settlement 299Articles 7, 12 and 13–Cross308Craft and Office SizeArticle 8 318Article 12.5.B.2 336Article 12.5.C.5.b.(6) 337Article 15.5.A.9 InterventionNotification, Jurisdiction orWork Assignment356Article 21.1 359Article 30 (Local364Implementation)476

Article Section Page(s)Article 39.1.C.8 – Abolishment 414Bargaining Information 366Bereavement Leave 334Bids with Required Computer384SkillsBrush-up Training 397Career Employees in Remote318Encoding CentersCleaning Services,404SubcontractingClerical Work 297Clerk Craft Jobs 375Clerk Craft MemosBids With Required384Computer SkillsBrush Up Training 397Computer Forwarding393System – CFS ClerkReassignmentComputerized Forwarding391System (CFS) RotationExcessing by Seniority Task428ForceFunction Four Flexibility 396HRSSC – Computerized429BiddingIdentification of Newly397Established DutyAssignmentsInterlevel Bidding – Entrance387Examination RequirementsProductive Distribution 386PTF Preference 383Relief and Pool 380Retail Training Task Force 389477

Computerized ForwardSystemConsideration of NationalOutsourcing InitiativesArticle Section Page(s)391369Contract Postal Units 371Contracting or Insourcing of369Contracted ServiceCourt Leave, PTF 330Cross Craft Reassignments 338Deaf and Hard of Hearing 302Discipline Task Force 357Distribution, Productive 386District Safety Committees –346Pilot ProgramDriving Privilege362ReinstatementElectronic Access to368InformationEmployee Development403OpportunitiesExcessing 342Excessing by Seniority Task428ForceExpedited Arbitration 348Function Four Flexibility 396Granting Step Increases 327Grievance/Arbitration Appeals354Address Change Due toOrganizational StructureChangesGrievance/Arbitration356Procedures PilotHeadquarters Threat345Assessment Team/Workplace EnvironmentImprovement478

Article Section Page(s)Highway Contracts 412Human Resources Shared429Services Center (HRSSC)Identification of Newly397Established DutyAssignmentsInspection Service, Role in350Labor Relations MattersInterest on Back Pay 350Interlevel Bidding 387Joint Contract Interpretation351ManualLayoff Protection 307Leave, Annual Carryover 329Leave, Exchange Option 328Leave, PTF Court 330Leave Policy 332Leave Sharing 333Letter of Warning, Purge 358Local Implementation 364LMOUs for Offices Without a366Local Union StructureMail Equipment Shop421OperationsMaintenance Craft Discussions411Per Article 383KMaintenance Craft Jobs 406Maximization/Full-time309Flexible-APWUMaximization, Conversion 310Minimizing Excessing 342Modified Work Week 320Modified Work Week (10/4)322GuidelinesMotor Vehicle Craft Jobs 414479

National Labor-ManagementMeetingsArticle Section Page(s)306New Positions and New Work 298Non-Traditional Full-Time311(NTFT) Duty AssignmentsDuty Assignments in Retail310Operations, Level 20 andbelow officesOvertime Rules 315Offsite Safety and Health347ProgramOperating Services and Facility298ServicesOperation of Powered419Industrial EquipmentOvertime, Mail Equipment422ShopsPaid Leave and LWOP 332Position Description: Delivery/390Sales Services andDistribution Associate, PS-06Postal Support Employees279(PSEs)Posting and Bidding, HRSSC 429Privately Owned Vehicles, Use374ofProcessing Post-Removal349GrievancesProductive Distribution 386PTF Court Leave 330PTF Preference 383Reasonable Accommodation,302DeafReassignments/Transfers,338VoluntaryReferences to Casuals, TE’s308and Supplemental Workforce480

Article Section Page(s)Rehabilitation Issues 344Reinstatement of Driving362PrivilegeRelief and Pool Memo 380Relief and Pool Memo,37 3F9 186Reference ToRemoval of Social Security368Number ReferencesRetail Operations Within390InstallationRetail Training Task Force 389Schemes, Productive386DistributionSick Leave for Dependent Care 328Step 4 Procedures 353Stamp Stock Tolerances 361Subcontracting Cleaning404ServicesSubcontracting Mail372Equipment ShopsTerminal Pay Process 361Time Limitations Concerning335Bone Marrow, Stem Cell,Blood Platelet, and OrganDonationsTimeliness Regarding Step 2(h)354AppealsTraining Committee 373Training, MES 421Training, Schemes, Brush up 397Transfer Opportunities to422Minimize ExcessingTransfers 338Use of Privately Owned374VehicleWork Clothes Program — MES 420481

Merit Systems ProtectionBoardArticle Section Page(s)16 5, 9 108, 111Mileage Rate 36 2 155Military Service, SeniorityCredit–See SeniorityProvisions Under Each CraftHeadingMinimum Charge for Leave 10 6 41Minor Offenses 16 2 107Motor Vehicle Craft 39 220-239Definitions 39 1C 227Abolishment 39 1C8 228Application 39 1C3 227Bid 39 1C4 228Craft Group 39 1C2 227Duty Assignment 39 1C5 228Eligible Bidder 39 1C7 228Preferred Duty Assignment 39 1C6 228Position Designation 39 1C1 227Posting and Bidding 39 2 231Information on Notices 39 2D 235Length of Posting 39 2C 235Multi-Craft Positions 39 1H 230Place of Posting 39 2B 235Vacant Assignments 39 2A 231Change in Basic Work 39 2A2 231WeekChange in Starting Time 39 2A4 231Change in Duties 39 2A3 231Optional Posting (Vehicle 39 2A7 232Maintenance)Optional Posting (VehicleOperations)39 2A6 232482

Article Section Page(s)Reversion of Assignment 39 2A1 231Vacant or New Positions 39 2A1 231Successful Bidder 39 2E 237Temporary Holddowns 39 1J 230Temporary Details 39 2A10 234Tractor-Trailer Operators 39 1B7 225Seniority 39 1 220Automotive Mechanics 39 1B6 224Automotive Technicians 39 1B6 224Excess Employees 39 1D 229Introduction 39 1A1 220List to be Posted 39 1F 229Modified 39 1B12 227Multi-Craft Positions 39 1H 230Mutual Exchanges 39 1B12 227Past Practices 39 1A2 220Preferred Assignments 39 1B 220Reemployment After39 1B5 222DisabilityResidual Vacancies 39 2A11 234Responsibility 39 1E 229Return in 90 Days 39 1B5c 223Temporary Holddowns 39 1J 230Tie Breaker Procedures 39 1B4 228Transfer from Other39 1G 229InstallationsVacation Scheduling 39 1I 230Vehicle & Tractor Trailer 39 1B7 225OperatorsSpecial Provisions 39 3 237Craft Position Jurisdiction 39 3D 238Details, How Filled 39 3E 238483

Article Section Page(s)Directional Fans in Vehicles 39 3G 238Locker Inspections 39 3C 238Night Shift Differential–Onthe-Clock39 3F 238TrainingNew Facilities 39 1G 229New Vehicles 39 3B 237Temperature 39 3G 238Temporary Holddowns 39 1J 230Tools 39 3A 237Tractor-Trailer Operations 39 3I 239Training 39 3H 238Transfers 39 1G 229Work Clothes Program 26 3 134Multi-Craft PositionsClerk 37 3A4e 168Maintenance 38 7D 218Motor Vehicle 39 1H 230Mutual Exchanges–TransfersClerk 37 2D7 164Maintenance 38 3I 202Motor Vehicles 39 1B12 227NNational AgreementDuration of 43 2 277Reopening 43 2 277Separability 43 1 277National Joint Labor-26 1 131Management UniformControl CommitteeNational Level Arbitration 15 4D 98National Postal Mail Network–Reassignments12 4B 48484

Article Section Page(s)National Study on Parking 20 1 124New Employees Orientation 17 6 118New Jobs–Created by4 3 8Technological orMechanization ChangesNew Period of Seniority 12 2B 46See Also–Seniority ProvisionsUnder Each Craft HeadingNew Positions, Assignment to 1 5 3CraftNight Shift Differential 8 7 29Motor Vehicle Training 39 3F 238No Forfeiture–Annual Leave 10 3B 39No Layoff Provisions6 9See LayoffsNon-Bargaining DetailsClerk Craft 37 3A8 169Non-Discrimination 2 1 5Non-Scheduled Day, Call-In 8 8B 30Non-Traditional Full-Time(NTFT) Duty AssignmentsRules for NTFT Duty311AssignmentsOvertime Rules for NTFT Duty315AssigmentsNormal Work Week 8 2C 25See Also–Basic Work Weekand Service WeekNotice of Technological4 1 7ChangesNo Strike Clause 18 121Number of Employees–SeeWork Years or Number ofEmployees485

Article Section Page(s)OOccupational GroupDefined, Maintenance 38 2G 198Office Size–See Work Years orNumber of EmployeesOJT–On the Job Training 384Brush-up Training Memo IIG 401Computer Skills MemoSafety and Health, Hazard 14 8D 85TrainingOPM, Office of PersonnelManagement, Bureau ofRetirement–See Seniority(Reinstatement) Under EachCraft HeadingOperating Services Craft 40 262Opportunities for Deaf and302Hard of Hearing, MemoOrientation of New Employees 17 6 118OSHA 14 3 78Outside of Schedule Premium 8 4B 26204B Exclusion 37 3A8 169Overtime 8 25APWU Administration of326Overtime MemoAssignments 8 5 27Desired List (Maintenance) 38 7B 218Outside of Schedule Premium 8 4B 26240B Exclusion(Clerks) 37 3A8 169(Maintenance) 38 7E 218(Motor Vehicle) 39 2A9 233(Material Support) 41 2I 270486

Article Section Page(s)Penalty Pay 8 4C–E 26-27Rate 8 4A 26Restrictions 8 5F, G 28When Paid 8 4B–E 26-27Work 8 4 26OWCP Compensation 21 4 127See Also–Seniority(Reinstatement) Under EachCraft HeadingPParking 20 124Labor-Management20 3 124CommitteeNational Study Committee 20 1 124Security 20 2 124PAR Program (now EAP) 35 153Part-Time Flexible EmployeesConversion to Full-Time 7 3 23Conversion to Full-time,308Supplemental Work ForceMemoCourt Leave Memo 330Definition and Use 7 1A2 19Excepted 8 3 26Guarantees 8 8 29Holiday Pay 11 7 45Hours of Work 8 3 26Overtime Penalty Pay 8 4E 28Preference System (Clerk) 37 5A 192Standard On PTF RollClerk 37 5B 194Motor Vehicle 39 1B4a 221Temporary Holddown Jobs487

Motor Vehicle 39 1J 230Work Preference Over PSEs 7 1B1, 1 19Part-Time Regular ScheduleEmployeesArticle Section Page(s)7 1A2 19Assignment 7 1A2 19Excepted 8 3 26Maintenance Craft 38 5A7 209Reassignment of 12 5D 49Scheduling 8 3 26Separate Category 12 5D 49Work Week 8 1 25Part-Time Regular Employees–See Part-Time Fixed ScheduleEmployeesPay Increases–Basic Annual 9 1 30SalaryPay Increases–COLA, SeeCost-of-Living AdjustmentsPayroll Deductions 17 7E 120Penalty Overtime Pay 8 4C–E 26-27Performance of Bargaining 1 6 4Unit Work by SupervisorsOffices with Less than 100 1 6B 5Bargaining Unit EmployeesOffices with 100 or More1 6A 4Bargaining Unit EmployeesPersonnel Employees–12 2 46(Confidential) ExcludedPhysical Requirements–SeePosting and Bidding(Information on Notice) UnderEach Craft HeadingPilots–See StudiesPolygraph Test 17 3 114488

Postal Inspection Service–SeeInspection ServicePostal Installations–SeeInstallationPostal Support Employees(PSEs)Excessing – PSEs to beSeparated48912 4D 49Exclusion from Agreement 1 2 2Holiday Scheduling 11 6B 44Layoffs – PSEs to beSeparated6 B4 13Number of PSEs 7 1B3, 4 19, 20PTF Utilization Before WorkingPSEsReassignments – PSEs to beSeparatedArticle Section Page(s)7 1B2 1912 4D 49Terms of Appointment 7 1B8 22Posting, Principles of 12 3 47Posting Procedures–SeePosting and Bidding UnderEach Craft HeadingPreference Eligibles-Discipline 16 9 111CasesPreferred Assignment Register 38 5A 207Preferred Duty Assignment–See Definitions and SeniorityUnder each Craft HeadingPremium Rates 8 4F 27Principal Assignment–SeePosting and Bidding(Information On Notice) UnderEach Craft HeadingPrinciples of Promotions 33 1 149Privately Owned Vehicles

Article Section Page(s)Tort Claims 27 135Voluntary Use Memo 374Probationary Period 12 1A–D 45-46Productive DistributionLSM, Brush-up Memo IIB, C 398, 399Manual Scheme, Brush-upIIA 398MemoProductive Distribution Memo 386Professional Employees,1 2 2ExcludedProhibition of Unilateral Action 5 9Promotion Eligibility Register 38 5B1 210Promotions 33 149Examinations 33 3 150Maintenance Selection System 38 5B1 210Principles 33 1 149Qualifications 33 1, 2 149Training and Self-Help33 1 149ProgramsWithin Craft 33 2 149See Also Best QualifiedProperty Damage 28 3 138See Also–Employer ClaimsProtected Benefits During6 E 18LayoffProtected Salary Rates 9 7 344 3 89 6 3437 3F1d(3) 17837 4C6 189Clerk Craft 37 4C6b 190Technological Change 4 3 8490

Protection—Part-Time FlexibleEmployeesProtective Equipment,Hazardous MaterialsPTF–See Part-Time FlexibleEmployeesPTR–See Part-Time FixedSchedule EmployeesPyramiding Pay Rates,ProhibitedArticle Section Page(s)7 1B1 18014 8D 858 4F 27QQualifications for Promotion 33 1,2 149See Also–Posting and BiddingUnder Each Craft HeadingRRate Protection, See ProtectedSalary RatesReasonable Accommodation,302Deaf and Hard of Hearing,MemoReassignments 12 4, 5 48, 49Advance Notice 12 4B 48Principles 12 4A–D5A, B48-4949, 50Special Provisions and Rules 12 5C 53Central Mail Processing and/ 12 5C6 64or Delivery InstallationConsolidation of an12 5C2 56Independent InstallationDiscontinuance of an12 5C1 53Independent InstallationExcessing, Memo 12Excessing–Outside anInstallation12 5C5 59491

Excessing–Within anInstallation EmployeesExcess to the Needs of aSectionArticle Section Page(s)12 4512 5C4 57Major Metropolitan Area 12 4B 48Motor Vehicle Craft Only 12 5C5 59National Postal Mail Network 12 4B 48Non-Mail Processing12 5B11 53InstallationsPart-Time Flexibles in12 5C8 66Excess of QuotaReduction of the Number of 12 5C5 59Employees in anInstallation Other Than byAttritionTransfer of a Classified12 5C3 56Station or Branch to theJurisdiction of AnotherInstallation or Made anIndependent InstallationTransfer Opportunities to422Minimize Excessing, MemoWithholding Position 12 5B 50Transfers–Voluntary, Memo 422Vehicle Accident,29 138Suspension or Revocationof Government Driver’sLicenseMemo 362See AlsoDemotionIll and InjuredSeniority Under Each CraftHeadingRecognition of Unions 1 1 1Records, Discipline 16 10 112492

Reduction in Force, RegularWork ForceReemploymentAfter Disability Separation6 9Clerk 37 2D5 162Maintenance 38 3F1 201Material Support 41 2F1 266Motor Vehicle 39 1B5 222See Also–Seniority ProvisionsUnder Each Craft HeadingRegional Level Arbitration–SeeArbitrationRegisters, Entrance/Hiring 37 4C3 187Registers, PreferredAssignment38 5A 207Registers, Promotion Eligibility 38 5B 210Regular Work Force, Defined 7 1A1, 2 19Regular Work Force, Layoffs 6 9Rehabilitation Act 2 1 5Reinstatement of DrivingPrivilege, MemoRelief Assignments362Clerk Craft 37 3F9 186Maintenance Craft 38 7C 218Motor Vehicle CraftTemporary Holddown Jobs 39 1J 230Reopening Provision 43 2 277Reporting Time not to beChanged on WeekendSee Also Posting and Bidding(Information on Notice,Change In Starting Time)Under Each Craft HeadingArticle Section Page(s)8 6 29493

Article Section Page(s)Reposting, Because of Changeto Job–See Posting andBidding Under Each CraftHeadingRepresentation 17 112Activities 17 2B 113Appointment of Stewards 17 2 112Checkoff 17 7 119Labor-Management17 5 116Committee MeetingsNon-Steward Installations 17 2C 113Payment of Stewards 17 4 115Rights of Stewards 17 3 114Stewards’ Duties 17 1 112Union Participation in New 17 6 118Employee OrientationReranked PositionsClerk 37 3A10 172Maintenance 38 5B4 211Material Support 41 2I 270Resignation, Due to IllnessClerk 37 2D5 162Maintenance 38 3F1 201Material Support 41 2F1 266Motor Vehicle 39 1B5 222Restoration of Seniority–SeeSeniority Under Each CraftHeadingRetailFunction Four Flexibility 396Operations Within Installation 390Training Task Force 389Retirement Program 21 3 127494

See Also, Reemployment (AfterDisability Separation)Retreat RightsArticle Section Page(s)Back to a Section 12 5C4c 58Back to an Installation 12 5C5b 61Reversion–See Definitions asWell as Posting and Bidding,Under Each Craft HeadingReview of Discipline 16 8 110Revocation of Driving Privilege 29 138Memorandum of362UnderstandingRight to Information 31 3 144See Also–InformationRights of Union Officials to 23 128Enter Postal InstallationsRural Letter Carriers, Excluded 1 2 2SSafety and Health 14 76Area Joint Labor-Management 14 3B 80CommitteeAutomated Systems14 1 76DevelopmentBuddy System 14 8A5 83Cooperation 14 2 77Councils, Field Federal 14 9 86Employee Participation 14 6 81Ergonomics 14 1 76Ergonomics Committee,14 3A 78FundingGrievance Appeals 14 2 77Health Services, Availability 14 3C 80Health Unit, Role onCommittee14 7 82495

Article Section Page(s)Human Factors 14 1 76Investigation Board, Serious or 14 8C 85Fatal AccidentsInvestigations 14 8A 82Joint Labor-Management 14 3A 78Committee, NationalLocal Committee 14 4 80Local Committee Meetings 14 7 82Local Committee14 8 82ResponsibilitiesLocal Committee Subjects for 14 5 81DiscussionManagement Responsibility 14 1 76National Committee’s Role in 35 2 154EAPOffsite Safety and Health347Program, MemoOrientation and Training of 14 8B 85New Committee MembersRegional Joint Labor-14 3B 80Management CommitteeSteward’s Role 14 2(b) 77Williams-Steiger Occupational 14 3D 80Safety and Health ActSee AlsoAccidentsIll or InjuredInjury on DutyVehiclesSalaries and Wages 9 30Application of Rates 9 5 33Salary Rates 9 30Basic Annual Salary 9 1,3C 30, 33Cost-of-Living Adjustment(COLA)9 4 33496

Article Section Page(s)Granting Step Increases 9 6 34Protected Salary Rates 9 7 34Application 9 5 33Protections, General 9 7 34Protections, Involuntary12 5C5b(6) 62ReassignmentsProtections, Technological 4 3 8ChangeSaved Grade 4 3 89 6 3437 3F1d(3) 17837 4C6 189Schedules, Step Progression 9 2 31Step Increases 9 6 34See AlsoBase Annual SalaryBase Hourly StraighttimeRateBasic Annual SalaryScheduleFull-Time Employees 8 2 25Holiday 11 6 44Part-Time Employees8 3 26ExceptionsSee Also–Posting and BiddingUnder Each Craft HeadingSchemesBrush-up Training Defined 37 1L 158Brush-up Training Memo 397Change in Scheme, Brush-up397Training MemoCommittee, Scheme 37 7 196Currently Qualified 37 1J 80497

Deferment PeriodArticle Section Page(s)Machine 37 3F4 180Manual 37 3F3 178Multiple 37 3F7 183Subsequent Bid, Effect 37 3F1c 177Withdrawal from Bid 37 3F1c 17737 3F3b 177Information on Job Posting 37 3E 176Live Record 37 1K 158Probationary Scheme Tests 12 1A 45Productive Distribution386MemoPTF Preference 37 5 192Security Guards, Excluded 1 2 2Senior Markup Clerk,37 3A6 168AutomatedSeniority, CraftsSee Seniority Under Each CraftHeadingSeniority, Principles 12 2A–F 46-47Seniority for Rehired12 1D 46EmployeesSeparability and Duration 43 277Separation, Unjust–SeeSeniority (Restored) UnderEach Craft HeadingService Computation Date 37 2D4 161Service Day 8 2B 25Service WeekDefined 8 2A 25Full-Time Employees 8 2A 25Part-Time Employees 8 2A 25Severance Pay 6 E1 18498

SF-1187 (Dues Deduction) 17 7B, C 119SF-95 (Tort Claim Form) 27 135Shortages in Fixed Credits 28 1 137Sick Leave 10 5 41Bereavement Leave Memo 334Dependent Care Memo 328Minimum Charge 10 6 41Used with LWOP 10 6 41Skill Demonstration 37 3F5 182Bids With Required Computer384Skills MemoCurrently Qualified 37 1K 158Starting Time–See ReportingTimeStep 1, Grievance Procedure 15 2 87Step 2, Grievance Procedure 15 2 87Step 3, Grievance Procedure 15 2 87Step 4, Grievance Procedure 15 2 87Step IncreasesGeneral 9 1 30Progression 9 2 31While on LWOP for Union 24 1 128BusinessStewards 17 112Alternate 17 2A 112Appointment 17 2A 112Certification 17 2A, B 112, 113Chief Steward 17 2A 112Craft Other Than Own 17 2E 113Determination if a Grievance 17 3 114ExistsInvestigating Grievance 17 1 112Involuntary Transfers 17 3 114499Article Section Page(s)

Article Section Page(s)Layoffs 6 C4 15Locker Inspections–See17 9 120Locker InspectionsNot on Payroll 17 2D 113Number 17 2A 112Payment 17 4 115Rights 17 3 114Safety and Health 14 2 77Specific Work Location 17 2A 112Super SeniorityExcessing 17 3 114Layoffs 6 C4 15Union Officer as Steward 17 2B 113Strike, No Strike Provision 18 1 121StudiesParking 20 1 124Safety and Health 14 3 7814 8 82Training Committee Memo 373Work Measurement and TimeStandardsEmployer Studies 34 B-D 150-151Union Studies 34 I 152Subcontracting 32 145Advance Notification 32 1B 145Average MVS employee costs 32 2E1 147Cleaning Services, Memo of406Understanding, Maint CraftCost Comparisons 32 2E 147Evaluation for Need 32 1A 147General Principles 32 1 145Joint Committee 32 3 149500

Article Section Page(s)Motor Vehicle Craft 32 2E 147Mail Equipment Shops372Subcontracting, MemoSuccessful Bidder–Limited to 12 3A 47Five TimesSee Also–Posting and BiddingUnder Each Craft HeadingSunday Premium Payment 8 6 29Super Seniority, StewardsLayoffs 6 C4 15Reassignments 17 3 114Supervisors, Excluded 1 2 2Supervisors Performing1 6 4Bargaining Unit WorkIn Post Offices with 100 or 1 6A 4More Bargaining UnitEmployeesIn Post Offices with Less than6B 5100 Bargaining UnitEmployees - See GlobalSettlement MemoSupplemental Work Force–SeePostal Support EmployeesSupply Items–See EquipmentSurplus Employees–See ExcessEmployeesSuspension 16 4, 5, 6 108, 109Emergency Suspension 16 7 110Indefinite Suspension 16 6 10914 Days or Less 16 4 108More Than 14 Days or16 5 108DischargeReview 16 8 110TTask Force501

Deaf Memo 302Discipline Memo 357Function Four Memo 396Retail Training Memo 389Threat Assessment Memo 345Technological and4 7Mechanization ChangesAdvance Notice 4 1 7Labor-Management4 2 7Committee (National Level)New Jobs 4 3 8New Mechanization or4 1 7EquipmentTelephone Devices for the302Deaf, MemoTelephones, Use of 17 8 120Temporary Details–See DetailToTemporary Holddowns 39 1J 230Temporary Schedule ChangeProductive Distribution386During TrainingTraining for Computer Skills 373, 384Temporary VacancyAvailable To PTF and39 1J 230Unassigned Regular, MotorVehicleHigher Level Vacancy–See 37 3F9 186Higher Level Relief and PoolClerkMaintenance 38 7C 218Ten Hours Work in Day, Over 8 5F 28TestsBrush-up Training–Test NotNeeded397502Article Section Page(s)

Article Section Page(s)Computer Aptitude Test 385Examinations–Entrance37 5A 192General ReferenceInterlevel Bidding 37 3A11 173Medical ExaminationsLight Duty Requests 13 2 69Light Duty Review 13 4F, G 73Pilot Tests, See StudiesPolygraph Tests 17 3 114Promotion Examinations 33 3 150Scheme Tests—See SchemesWork Measurement and Time 34 C, D 151Standards TestsTime Standards 34 150Tools–See EquipmentTort Claim, Privately Owned 27 135VehiclesTractor Trailor OperatorsBidding, Assignment, Seniority 39 1B7 225TrainingBids–See Posting and BiddingUnder Each Craft HeadingBrush-up–See Brush-up397TrainingCommittee 373Computers 373, 384Deaf and Hard of Hearing 302Deferment–See Deferment 14 8D 85Period for TrainingHazardous MaterialsSee Also–Clerk Craft Posting 38 5C3, 6A 215, 216and Bidding MaintenanceCraftMotor Vehicle Craft 39 3H 238503

Article Section Page(s)New Jobs, Automation 4 3 8Night Differential During39 3F 238TrainingProductive Distribution Memo 386PTF Preference 37 5 192Retail Training Task Force 389Safety & Health, Committee 14 8B 85Member OrientationSafety & Health, Hazardous 14 8D 85MaterialsScheme–See SchemesSelf Development 33 1 149TransfersInvoluntary Reassignments–See InvoluntaryReassignmentsLateral, Maintenance Craft 38 5B3 211Mutual Exchanges–See MutualExchangesOpportunities to Minimize342Excessing, MemoRequests for Voluntary12 6 68TransfersMotor Vehicle 39 1G 229Transfer Memo 338Seniority Upon TransferClerk 37 2D7 164Clerk, PTF 37 2D2 160Maintenance 38 3E 200Motor Vehicle 39 1B3 221Material Support 41 2E 266See AlsoDemotionIll and Injured504

ReassignmentsTravel Authority 36 2 155TTO–See Tractor-TrailerOperatorsTwelve Hour Day 8 5G 28Typing SkillsArticle Section Page(s)Demonstration of 37 3F5, 6 182,183Incidental Typing 37 3F6 183Interlevel Bidding 37 3A11 173UUnassigned RegularsHow AssignedMaintenance 38 5A8 210Temporary Holddowns, MVS 39 1J 230See Also Detail To (204B)Uniforms and Work Clothes 26 131Administration 26 1 131Annual Allowance 26 2A 133Annual Allowance, Newly26 2B 133Eligible EmployeesEligibility 26 3 134Entitlement Continuation 26 3 134National Joint Labor-26 1 131Management UniformControl CommitteeWear-Out Period 26 1 131Work Clothes Program 26 3 134Unilateral Action–Prohibition 5 9Union Business–Annual Leave 24 1, 2 128, 129Union Conventions 24 1, 2 128, 129Union LWOP 24 1, 2 128, 129Union ManagementCooperation31 144505

Article Section Page(s)Data to be Supplied 31 2 144Inspection of Relevant31 3 144InformationReimbursement of USPS for 31 3 144InformationRequests for Information 31 3 144Right to Information 31 3 144Solicitation of Employees for 31 1 144MembershipUnion OfficialsAnnual Leave During Choice 24 2B–C 129Vacation Period10 3F 40Continuation of Benefits 24 1 128Conventions 24 2 129Right to Enter Postal23 128InstallationsSick Leave 24 1 128Union Recognition 1 1 1Union’s Right to Initiate15 2 87Grievance (Step 1)Unjust Removal/TransferSee Seniority (Restoration)Under Each Craft HeadingUnsafe or Unhealthful14 2 77Conditions–Forms to beAvailableSee Also Safety and HealthUpgrading Position – SeePosting and Bidding UnderEach Craft HeadingUse of Discipline Records 16 10 112VVacant Duty AssignmentPTF Preference 37 5B 194506

Reserving/Withholding forExcessed EmployeesSubcontracting CleaningServicesSee AlsoDefinitions (DutyAssignment, PreferredAssignment, ResidualVacancy, Reversion) UnderEach Craft HeadingDetail to (204B)Posting and Bidding UnderEach Craft HeadingTemporary VacancyUnassigned RegularsArticle Section Page(s)12 5B2 50404Vacation (See Leave) 10 38Vacation, Choice Period 10 3 39APWU Administration ofChoice Vacation326Local Negotiations OverVacation Issues30 B4-12,20140-141,142Vacation Planning 10 4 40Vacation Scheduling-PTFClerk 37 2D3c 161Motor Vehicle 39 1I 230VehicleAccident–Reinstatement of362Driving Privilege MemoDamage to USPS Vehicle 28 3 138Directional Fans 39 3G 238New Vehicles, Union39 3B 237InvolvementSafety of Vehicles 14 2 77Tort Claims 27 135Voluntary Use Memo 374507

Vehicle Operations –Maintenance Assistant38 7D 218Veterans’ Preference 16 9 111Voluntary Transfer – SeeTransfersArticle Section Page(s)338WWages 9 30Wash-Up Time 8 9 30Local Implementation 30 B1 140Williams-Steiger Occupational 14 3D 80Safety and Health ActWitnessAt Step 2 Hearing 15 2 96Payment 17 4 115Work Assignments (Cross7 2 22Crafts)Work, Bargaining Unit (Not to 1 6 4be Performed by Supervisors)Work Clothes, See Uniforms 26 131and Work ClothesWork Clothes Program 26 3 134Work Day for Overtime8 4B 26PurposesWork Hours 8 25See Reporting TimeWork Schedules 7 19Full-Time Employees 7 1A1 19Part-Time Employees 7 1A2 19Work and/or Time Standards 34 150Advance Notice to Unions 34 C 151Arbitration 34 E–H 151-152Arbitration Award 34 F 152Arbitration Decision 34 H 152508

Article Section Page(s)Arbitration Issue 34 G 152Tests to be Conducted 34 C 151Union Grievance Limitation 34 E 151Work Week–Defined 8 1 25Work Week–Modified, Memo 320Work Week–Normal, Defined 8 2C 25Work Years or Number ofEmployeesDiscipline Review Process 16 8 110Full-time Employment 7 3A 23Grievance Processing (Step 2) 15 2 87Length of Work Day 8 1 25Local Safety Committees 14 4 80Maximization Memo 309Office Size Memo 308Safety Inspections 14 8 82Supplemental Work Force 7 3 23Supplemental Work Force308MemoTransfer Memo 338Work Hour Guarantees 8 8C 30Working Supervisors1 6A 4ProhibitedWork Place EnvironmentImprovement/ThreatAssessment Team Memo345509

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2011S S M T W T F Pay Period S S M T W T FDEC 2010 18 19 20 21 22 23 24 2 3 4 5 6 7 825 26 27 28 29 30 31 1 15 9 10 11 12 13 14 15 JUL1 2 3 4 5 6 7 16 17 18 19 20 21 228 9 10 11 12 13 14 2 16 23 24 25 26 27 28 29JAN 15 16 17 18 19 20 21 30 31 1 2 3 4 522 23 24 25 26 27 28 3 17 6 7 8 9 10 11 12 AUG29 30 31 1 2 3 4 13 14 15 16 17 18 195 6 7 8 9 10 11 4 18 20 21 22 23 24 25 26FEB 12 13 14 15 16 17 18 27 28 29 30 31 1 219 20 21 22 23 24 25 5 19 3 4 5 6 7 8 926 27 28 1 2 3 4 10 11 12 13 14 15 16 SEP5 6 7 8 9 10 11 6 20 17 18 19 20 21 22 23MAR 12 13 14 15 16 17 18 24 25 26 27 28 29 3019 20 21 22 23 24 25 7 21 1 2 3 4 5 6 726 27 28 29 30 31 1 8 9 10 11 12 13 14 OCT2 3 4 5 6 7 8 8 22 15 16 17 18 19 20 219 10 11 12 13 14 15 22 23 24 25 26 27 28APR 16 17 18 19 20 21 22 9 23 29 30 31 1 2 3 423 24 25 26 27 28 29 5 6 7 8 9 10 11 NOV30 1 2 3 4 5 6 10 24 12 13 14 15 16 17 187 8 9 10 11 12 13 19 20 21 22 23 24 25MAY 14 15 16 17 18 19 20 11 25 26 27 28 29 30 1 221 22 23 24 25 26 27 3 4 5 6 7 8 9 DEC28 29 30 31 1 2 3 12 26 10 11 12 13 14 15 164 5 6 7 8 9 10 17 18 19 20 21 22 23JUN 11 12 13 14 15 16 17 13 1 24 25 26 27 28 29 3018 19 20 21 22 23 24 31 1 2 3 4 5 6 Jan 201225 26 27 28 29 30 1 14 2 7 8 9 10 11 12 13Key to Calendar# Holiday Leave YearBegins: PP 02-2011 Jan 1, 2011Pay Day Ends: PP 02-2012 Jan 13, 2012Note: 27 pay period leave year511

2012S S M T W T F Pay Period S S M T W T F17 18 19 20 21 22 23 30 1 2 3 4 5 6DEC 201124 25 26 27 28 29 30 1 15 7 8 9 10 11 12 13JUL31 1 2 3 4 5 6 14 15 16 17 18 19 207 8 9 10 11 12 13 2 16 21 22 23 24 25 26 2714 15 16 17 18 19 20 28 29 30 31 1 2 3JAN21 22 23 24 25 26 27 3 17 4 5 6 7 8 9 1028 29 30 31 1 2 3 11 12 13 14 15 16 17 AUG4 5 6 7 8 9 10 4 18 18 19 20 21 22 23 2411 12 13 14 15 16 17 25 26 27 28 29 30 31FEB18 19 20 21 22 23 24 5 19 1 2 3 4 5 6 725 26 27 28 29 1 2 8 9 10 11 12 13 14 SEP3 4 5 6 7 8 9 6 20 15 16 17 18 19 20 2110 11 12 13 14 15 16 22 23 24 25 26 27 28MAR 17 18 19 20 21 22 23 7 21 29 30 1 2 3 4 524 25 26 27 28 29 30 6 7 8 9 10 11 12OCT31 1 2 3 4 5 6 8 22 13 14 15 16 17 18 197 8 9 10 11 12 13 20 21 22 23 24 25 2614 15 16 17 18 19 20 9 23 27 28 29 30 31 1 2APR21 22 23 24 25 26 27 3 4 5 6 7 8 928 29 30 1 2 3 4 10 24 10 11 12 13 14 15 16 NOV5 6 7 8 9 10 11 17 18 19 20 21 22 2312 13 14 15 16 17 18 11 25 24 25 26 27 28 29 30MAY19 20 21 22 23 24 25 1 2 3 4 5 6 726 27 28 29 30 31 1 12 26 8 9 10 11 12 13 14DEC2 3 4 5 6 7 8 15 16 17 18 19 20 219 10 11 12 13 14 15 13 1 22 23 24 25 26 27 28JUN16 17 18 19 20 21 22 29 30 31 1 2 3 4JAN 201323 24 25 26 27 28 29 14 2 5 6 7 8 9 10 11Key to Calendar# Holiday Leave YearBegins: PP 03-2012 Jan 14, 2012Pay Day Ends: PP 02-2013 Jan 11, 2013512

DEC 2012JANFEBMARAPRMAYJUN2013S S M T W T F Pay Period S S M T W T F15 16 17 18 19 20 21 29 30 1 2 3 4 522 23 24 25 26 27 28 1 15 6 7 8 9 10 11 1229 30 31 1 2 3 4 13 14 15 16 17 18 195 6 7 8 9 10 11 2 16 20 21 22 23 24 25 2612 13 14 15 16 17 18 27 28 29 30 31 1 219 20 21 22 23 24 25 3 17 3 4 5 6 7 8 926 27 28 29 30 31 1 10 11 12 13 14 15 162 3 4 5 6 7 8 4 18 17 18 19 20 21 22 239 10 11 12 13 14 15 24 25 26 27 28 29 3016 17 18 19 20 21 22 5 19 31 1 2 3 4 5 623 24 25 26 27 28 1 7 8 9 10 11 12 132 3 4 5 6 7 8 6 20 14 15 16 17 18 19 209 10 11 12 13 14 15 21 22 23 24 25 26 2716 17 18 19 20 21 22 7 21 28 29 30 1 2 3 423 24 25 26 27 28 29 5 6 7 8 9 10 1130 31 1 2 3 4 5 8 22 12 13 14 15 16 17 186 7 8 9 10 11 12 19 20 21 22 23 24 2513 14 15 16 17 18 19 9 23 26 27 28 29 30 31 120 21 22 23 24 25 26 2 3 4 5 6 7 827 28 29 30 1 2 3 10 24 9 10 11 12 13 14 154 5 6 7 8 9 10 16 17 18 19 20 21 2211 12 13 14 15 16 17 11 25 23 24 25 26 27 28 2918 19 20 21 22 23 24 30 1 2 3 4 5 625 26 27 28 29 30 31 12 26 7 8 9 10 11 12 131 2 3 4 5 6 7 14 15 16 17 18 19 208 9 10 11 12 13 14 13 1 21 22 23 24 25 26 2715 16 17 18 19 20 21 28 29 30 31 1 2 322 23 24 25 26 27 28 14 2 4 5 6 7 8 9 10Key to Calendar# Holiday Leave YearBegins: PP 03-2013 Jan 12, 2013Pay Day Ends: PP 02-2014 Jan 10, 2014JULAUGSEPOCTNOVDECJAN 2014513

DEC 2013JANFEBMARAPRMAYJUN2014S S M T W T F Pay Period S S M T W T F14 15 16 17 18 19 20 28 29 30 1 2 3 421 22 23 24 25 26 27 1 15 5 6 7 8 9 10 1128 29 30 31 1 2 3 12 13 14 15 16 17 184 5 6 7 8 9 10 2 16 19 20 21 22 23 24 2511 12 13 14 15 16 17 26 27 28 29 30 31 118 19 20 21 22 23 24 3 17 2 3 4 5 6 7 825 26 27 28 29 30 31 9 10 11 12 13 14 151 2 3 4 5 6 7 4 18 16 17 18 19 20 21 228 9 10 11 12 13 14 23 24 25 26 27 28 2915 16 17 18 19 20 21 5 19 30 31 1 2 3 4 522 23 24 25 26 27 28 6 7 8 9 10 11 121 2 3 4 5 6 7 6 20 13 14 15 16 17 18 198 9 10 11 12 13 14 20 21 22 23 24 25 2615 16 17 18 19 20 21 7 21 27 28 29 30 1 2 322 23 24 25 26 27 28 4 5 6 7 8 9 1029 30 31 1 2 3 4 8 22 11 12 13 14 15 16 175 6 7 8 9 10 11 18 19 20 21 22 23 2412 13 14 15 16 17 18 9 23 25 26 27 28 29 30 3119 20 21 22 23 24 25 1 2 3 4 5 6 726 27 28 29 30 1 2 10 24 8 9 10 11 12 13 143 4 5 6 7 8 9 15 16 17 18 19 20 2110 11 12 13 14 15 16 11 25 22 23 24 25 26 27 2817 18 19 20 21 22 23 29 30 1 2 3 4 524 25 26 27 28 29 30 12 26 6 7 8 9 10 11 1231 1 2 3 4 5 6 13 14 15 16 17 18 197 8 9 10 11 12 13 13 1 20 21 22 23 24 25 2614 15 16 17 18 19 20 27 28 29 30 31 1 221 22 23 24 25 26 27 14 2 3 4 5 6 7 8 9Key to Calendar# Holiday Leave YearBegins: PP 03-2014 Jan 11, 2014Pay Day Ends: PP 02-2015 Jan 9, 2015JULAUGSEPOCTNOVDECJAN 2015514

DEC 2014JANFEBMARAPRMAYJUN2015S S M T W T F Pay Period S S M T W T F13 14 15 16 17 18 19 27 28 29 30 1 2 320 21 22 23 24 25 26 1 15 4 5 6 7 8 9 1027 28 29 30 31 1 2 11 12 13 14 15 16 173 4 5 6 7 8 9 2 16 18 19 20 21 22 23 2410 11 12 13 14 15 16 25 26 27 28 29 30 3117 18 19 20 21 22 23 3 17 1 2 3 4 5 6 724 25 26 27 28 29 30 8 9 10 11 12 13 1431 1 2 3 4 5 6 4 18 15 16 17 18 19 20 217 8 9 10 11 12 13 22 23 24 25 26 27 2814 15 16 17 18 19 20 5 19 29 30 31 1 2 3 421 22 23 24 25 26 27 5 6 7 8 9 10 1128 1 2 3 4 5 6 6 20 12 13 14 15 16 17 187 8 9 10 11 12 13 19 20 21 22 23 24 2514 15 16 17 18 19 20 7 21 26 27 28 29 30 1 221 22 23 24 25 26 27 3 4 5 6 7 8 928 29 30 31 1 2 3 8 22 10 11 12 13 14 15 164 5 6 7 8 9 10 17 18 19 20 21 22 2311 12 13 14 15 16 17 9 23 24 25 26 27 28 29 3018 19 20 21 22 23 24 31 1 2 3 4 5 625 26 27 28 29 30 1 10 24 7 8 9 10 11 12 132 3 4 5 6 7 8 14 15 16 17 18 19 209 10 11 12 13 14 15 11 25 21 22 23 24 25 26 2716 17 18 19 20 21 22 28 29 30 1 2 3 423 24 25 26 27 28 29 12 26 5 6 7 8 9 10 1130 31 1 2 3 4 5 12 13 14 15 16 17 186 7 8 9 10 11 12 13 1 19 20 21 22 23 24 2513 14 15 16 17 18 19 26 27 28 29 30 31 120 21 22 23 24 25 26 14 2 2 3 4 5 6 7 8Key to Calendar# Holiday Leave YearBegins: PP 03-2015 Jan 10, 2015Pay Day Ends: PP 02-2016 Jan 8, 2016JULAUGSEPOCTNOVDECJAN 2016515

DEC 2015JANFEBMARAPRMAYJUN2016S S M T W T F Pay Period S S M T W T F12 13 14 15 16 17 18 25 26 27 28 29 30 119 20 21 22 23 24 25 1 15 2 3 4 5 6 7 826 27 28 29 30 31 1 9 10 11 12 13 14 152 3 4 5 6 7 8 2 16 16 17 18 19 20 21 229 10 11 12 13 14 15 23 24 25 26 27 28 2916 17 18 19 20 21 22 3 17 30 31 1 2 3 4 523 24 25 26 27 28 29 6 7 8 9 10 11 1230 31 1 2 3 4 5 4 18 13 14 15 16 17 18 196 7 8 9 10 11 12 20 21 22 23 24 25 2613 14 15 16 17 18 19 5 19 27 28 29 30 31 1 220 21 22 23 24 25 26 3 4 5 6 7 8 927 28 29 1 2 3 4 6 20 10 11 12 13 14 15 165 6 7 8 9 10 11 17 18 19 20 21 22 2312 13 14 15 16 17 18 7 21 24 25 26 27 28 29 3019 20 21 22 23 24 25 1 2 3 4 5 6 726 27 28 29 30 31 1 8 22 8 9 10 11 12 13 142 3 4 5 6 7 8 15 16 17 18 19 20 219 10 11 12 13 14 15 9 23 22 23 24 25 26 27 2816 17 18 19 20 21 22 29 30 31 1 2 3 423 24 25 26 27 28 29 10 24 5 6 7 8 9 10 1130 1 2 3 4 5 6 12 13 14 15 16 17 187 8 9 10 11 12 13 11 25 19 20 21 22 23 24 2514 15 16 17 18 19 20 26 27 28 29 30 1 221 22 23 24 25 26 27 12 26 3 4 5 6 7 8 928 29 30 31 1 2 3 10 11 12 13 14 15 164 5 6 7 8 9 10 13 1 17 18 19 20 21 22 2311 12 13 14 15 16 17 24 25 26 27 28 29 3018 19 20 21 22 23 24 14 2 31 1 2 3 4 5 6Key to CalendarJULAUGSEPOCTNOVDECJAN 2017# Holiday Leave YearBegins: PP 03-2016 Jan 9, 2016Pay Day Ends: PP 02-2017 Jan 8, 2017516

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