Collective Bargaining Agreement, APWU/USPS Nov. 21, 2000-Nov ...

COLLECTIVEBARGAININGAGREEMENTBetweenAmericanPostal WorkersUnion, AFB-CIOAndU.S .Postal ServiceNovember 21, 2000November 20, 2003

Table of ContentsPreamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..1Article 1 Union Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Article 2 Non-Discrimination and Civil Rights . . . . . . . . . . . . . . . . . . 5Article 3 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Article 4 Technological and Mechanization Changes . . . . . . . 7Article 5 Prohibition of Unilateral Action . . . . . . . . . . . . . . . . . . . . . . . . . . 9Article 6 No Layoffs or Reduction In Force . . . . . . . . . . . . . . . . . . . . . . 9Article 7 Employee Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..18Article 8 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..23Article 9 Salaries and Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..29Article 10 Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43Article 11 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47Article 12 Principles of Seniority, Posting andReassignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50Article 13 Assignment of Ill or Injured Regular WorkforceEmployees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72Article 14 Safety and Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80Artic1e15 Grievance-Arbitration Procedure . . . . . . . . . . . . . . . . . . . . . . . . 90Article 16 Discipline Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..109Article 17 Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..115Article 18 No Strike . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..123Article 19 Handbooks and Manuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..124Article 20 Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..126Article 21 Benefit Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..127Article 22 Bullentin Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..129Article 23 Rights of Union Officials to Enter PostalInstallations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..129Article 24 Employees on Leave with Regard to UnionBusiness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..130ill

Article 25 Higher Level Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131Article 26 Uniforms and Work Clothes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133Article 27 Employee Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136Article 28 Employer Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137Article 29 Limitation on Revocation of DrivingPrivileges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139Article 30 Local Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141Article 31 Union-Management Cooperation . . . . . . . . . . . . . . . . . . . . 145Article 32 Subcontracting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146Article 33 Promotions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150Article 34 Work and/or Time Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 152Article 35 Employee Assistance Program . . . . . . . . . . . . . . . . . . . . . . . . 154Article 36 Credit Unions and Travel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157Article 37 Clerk Craft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158Article 38 Maintenance Craft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198Article 39 Motor Vehicle Craft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221Article 41 Material Support Craft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242Article 42 Energy Shortages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257Article 43 Separability and Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257MEMORANDUMS/LETTER OF INTENTAPPENDIX AAPWU Transitional Employee Memoranda . . . . . . . . . . . . . . . . . . . ..259Transitional Employee Annual Leave Provisions . . . . . . . . . . ..264Article 7 Employee Classificaton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..267Article 8 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..268Article 9 Salaries and Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..270Article 10 Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271Article 11 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..271Aticle 19 Handbooks and Manuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..272APPENDIX B - Enhancing Career Opportunities . . . . . . . . . ..274iv

APPENDIX BMemorandum of Understanding and Letters of Intent . . ..276Deaf and Hard of Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277Layoff Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281Article 7.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282Article 7, 12 and 13 - Cross Craft and Office Size . . . . . . . . . . 283Maximation/Full-time Flexible - APWU . . . . . . . . . . . . . . . . . . . . . . . . . . . 283Conversions Under the Maximation Memorandum . . . . . . . . . 284Article 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285Article 8 Questions and Answers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287Modified Work Week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289Memorandum of Understanding Regarding ModifiedWork Week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291Modified Work Week (10/4) Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . 292Granting Step Increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296Annual Leave Exchange Option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296Sick Leave for Dependent Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297Annual Leave Carryover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298PTF Court Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299Leave Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300Paid Leave and LWOP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301Leave Sharing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302Article 12 .S .C .S .b(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303Cross Craft Reassignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305PTFs Reassignment Opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309Headquarters Threat Assessment Team/WorkplaceEnviroment Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310Expedited Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311Processing of Post-Removal Grievances . . . . . . . . . . . . . . . . . . . . . . . . . . . 312Interest on Back Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313Role of Inspection Service in Labor Relations Matters . . . 313

Joint Contract Interpretation Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314Administrative Dispute Resolution Procedures . . . . . . . . . . . . . . . . 315Step 4 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316Timeliness Regarding Step 2(h) Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . 317Grievance/Arbitration Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317Implementation Articles 15 and 16, 1998 Agreement . . . . . 318Discipline Task Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318Stamp Stock Tolerances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320Reinstatement of Driving Privilege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320Local Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322Bargaining Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325Subcontracting Cleaning Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326Highway Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327Subcontracting - Mail Equipment Shops . . . . . . . . . . . . . . . . . . . . . . . . . . . 329Training Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330Use of Privately Owned Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331PTF Preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333Bids With Required Computer Skills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334Productive Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336Interlevel Bidding - Entrance ExaminationRequirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337Bidding Provisions - Letter Sorting Machines . . . . . . . . . . . . . . . . . 339Retail Training Task Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343Retail Operations Within Installations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344Computerized Forwarding System (CFS) Rotation . . . . . . . . . 345Function Four Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347Management Meetings on Maintenance WorkAssignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348Brushup Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349Operation of Powered Industrial Equipment for MaterialSupport Craft Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355vi

Air Conditioning in 9 Ton Vehicles, Tractors, andSpotters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..355Work Clothes Program - MES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..356Tranining Opportunities - Mail Equipment Shops . . . . . . . . . ..357Mail Equipment Shop Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..357Overtime at the Mail Equipment Shops . . . . . . . . . . . . . . . . . . . . . . . . . . . ..358Dependent Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..359APPENDIX C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..361Interest Arbitration Opinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..362Supplemental Opinion Dealing with Economic Issues . ..405vu

Notes :1 . Bold Face Type in the text indicates revised or new language. Bold Face Type in headings does not necessarilyindicated change .2 . Cross-references to relevant Memorandums of Understandingand Letters of Intent are included in the text of the Agreement. The location of the cross-references is for the convenienceof the reader, and in no way affects the content orintent of the Agreement, the Memorandums, or the Lettersof Intent .3 . In the 2000 National Agreement, references to a union, craftor bargaining unit are limited to the APWiJ and the craftsthat it represents, with the following understandings :-Article 1 .5 : The Postal Service will continue to informthe APWU of all new positions whether or not the positionsare within craft units represented by the APWU .-Article 6 : This article will continue to apply to all bargainingunits covered by the September 15, 1978 Awardof Arbitrator James J . Healy .-Article 15 .5.D : The Postal Service will continue to sendall National level arbitration scheduling letters and movingpapers for all bargaining units to the APWU .-Article 33 .2 : This article will continue to permit employeesin non-APWiJ represented crafts to make applicationfor best qualified positions in APWU representedcrafts after required procedures are followed .vm

Article 11PREAMBLEThis Agreement (referred to as the 2000 NationalAgreement) is entered into by and between the United StatesPostal Service (hereinafter referred to as the "Employer")and the American Postal Workers Union, AFL-CIO(hereinafter referred to as the "Union"), pursuant to anArbitration Award issued December 18, 2001 andSupplemental Opinion issued January 11, 2002 . TheAgreement is effective as of December 18, 2001 unlessotherwise provided .Section 1. UnionARTICLE 1UNION RECOGNITIONThe 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, AFCIO-MotorVehicle EmployeesAmerican Postal Workers Union, AFL-CIO-PostalClerks- The Special Delivery Messengers were merged into theClerk Craft by Memorandum of Understanding datedNovember 20, 1997 .American Postal Workers Union, AFL-CIO-MailEquipment Shops EmployeesAmerican Postal Workers Union, AFL-CIO-MaterialDistribution Centers Employees

Article 1.6B . The Union party to this Agreement shall be notifiedpromptly by the Employer regarding assignments madeunder this provision . Should the Union dispute theassignment of the new position within thirty (30) days fromthe date the Union has received notification of theassignment of the position, the dispute shall be subject to theprovisions of the grievance and arbitration procedureprovided for herein .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 .B . In offices with less than 100 bargaining unitemployees, supervisors are prohibited from performingbargaining unit work except as enumerated in Section 6.A . 1through 5 above or when the duties are included in thesupervisor's position description .(The preceding Article, Article 1, shall apply to TransitionalEmployees)[see Memo, page 283]4

Article 3which case the provisions of this Agreement for initiatinggrievances at that level shall apply .(The preceding Article, Article 2, shall apply to TransitionalEmployees)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 theperformance of official duties ;B . To hire, promote, transfer, assign, and retainemployees in positions within the Postal Service and tosuspend, demote, discharge, or take other disciplinary actionagainst such employees;C .to it ;To maintain the efficiency of the operations entrustedD. 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 ; andF . To take whatever actions may be necessary to carryout its mission in emergency situations, i .e ., an unforeseencircumstance or a combination of circumstances which callsfor immediate action in a situation which is not expected tobe of a recurring nature .(The preceding Article, Article 3, shall apply to TransitionalEmployees)

ARTICLE 4TECHNOLOGICAL ANDMECHANIZATION CHANGESArticle 4.2Both 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 mechanizationchanges which affect jobs including new or changed jobs inthe area of wages, hours or working conditions . When majornew mechanization or equipment is to be purchased andinstalled, the Union at the national level will be informed asfar in advance as practicable, but no less than 90 days inadvance .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 or MechanizationChanges Committee composed of an equal numberof representatives of management and the APWU . TheSubcommittee shall meet semiannually, or as necessary,from the 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 ofthe bargaining unit. For example, the Postal Service willkeep the Union advised concerning any research anddevelopment programs (e .g ., study on robotics) which mayhave an effect on the bargaining unit . In addition, theCommittee shall be informed of any new jobs created bytechnological or mechanization changes . Where presentemployees are capable of being trained to perform the new or

Article 4.3changed jobs, the Committee will discuss the trainingopportunities and programs which will be available . Thesediscussions may include the availability of trainingopportunities for self-development beyond the new orchanged jobs . Notice to said Committee shall satisfy thenotice requirements of the preceding paragraph . Uponreceiving notice, said Committee shall attempt to resolve anyquestions as to the impact of the proposed change uponaffected employees and if such questions are not resolvedwithin a reasonable time after such change or changes areoperational, the unresolved questions may be submitted bythe Union to arbitration under the grievance-arbitrationprocedure . Any arbitration arising under this Article will begiven priority in scheduling .Section 3. New JobsAny new job or jobs created by technological ormechanization changes shall be offered to presentemployees capable of being trained to perform the new orchanged job and the Employer will provide such training .During training, the employee will maintain his/her rate . It isunderstood that the training herein referred to is on the joband not to exceed sixty (60) days . Certain specializedtechnical jobs may require additional 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 .The obligation hereinabove set forth shall not be construedto, in any way, abridge the right of the Employer to makesuch changes .

Article 6ARTICLE 5PROHIBITION OF UNILATERAL ACTIONThe Employer will not take any actions affecting wages,hours and other terms and conditions of employment asdefined in Section 8(d) of the National Labor Relations Actwhich violate the terms of this Agreement or are otherwiseinconsistent with its obligations under law .(The preceding Article, Article 5, shall apply to TransitionalEmployees)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 henceforthagainst any involuntary layoff or force reduction .It is the intent of this provision to provide security to eachsuch employee during his or her work lifetime .Members of the regular work force, as defined in Article 7 ofthe Agreement, include full-time regulars, part-timeemployees assigned to regular schedules and part-timeemployees assigned 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 .(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 shall

Article 6have 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 civilianfederal service 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 uponthe parties :A. Coverage[see Memo, page 281]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) on September 15,1978, are protected against layoff and reduction inforce during any period of employment in the regularwork force with the United States Postal Service orsuccessor organization in his or her lifetime . Suchemployees are referred to as "protected employees."Other employees achieve protected status under theprovisions of A.3 below .10

Article 62. 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, reinstatement andreemployment on or after September 16, 1978, aresubject to layoff or force reduction and are referredto 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 the employeeenters the regular work force . To receive creditfor the year, the employee must work at least onehour or receive a call-in guarantee in lieu ofwork in at least 20 of the 26 pay periods duringthat 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, court leave,time spent in military service covered byChapter 43 of Title 38, or timespent oncontinuation of pay, leave without pay onOWCP rolls because of compensableinjury on duty .(2) Time spent on paid annual leave or sickleave, as provided for in Article 10 of theAgreement .11

Article 6(3) Leave without pay for performing Unionbusiness as provided for in Article 24 of theAgreement.All other unpaid leave and periods of suspensionor time spent in layoff or RIF status will not beconsidered work . Failure to meet the 20 payperiod requirement in any given anniversaryyear means the employee must begin a new sixyear continuous service period to achieveprotected status .(b) Temporary details outside of the regular workforce in which the employee's position of recordremains in the regular work force count towardfulfilling 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 than 30 calendardays, upon return the employee begins a newservice period for purposes of attaining six yearscontinuous service .(d) If a non-protected employee leaves the regularwork force and returns within two years from aposition within the Postal Service the employeewill receive credit for previously completed fullanniversary years, for purposes of attaining thesix years continuous service .B. 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 of anylayoff or reduction in force that an excess of12

Article 6employees exists or will exist at an installation andthat a layoff and reduction in force may be necessary .The Employer will explain to the Union(s) the basisfor its conclusion that legitimate business reasonsrequire the excessing and possible separation ofemployees .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 or theother 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 .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, separateall casuals within the craft and minimize the amountof overtime work and part-time flexible hours in thepositions or group of positions covered by theseniority unit as defined in this Agreement or asagreed to by the parties . In addition, the Employershall solicit volunteers from among employees in thesame craft within the installation to terminate theiremployment with the Employer . Employees whoelect to terminate their employment will receive alump sum severance payment in the amountprovided by Part 435 of the Employee and LaborRelations Manual, will receive benefit coverage tothe extent provided by such Manual, and, if eligible,will be given the early retirement benefits provided13

Article 6by Section 8336(d)(2) of Title 5, United States Codeand the regulations implementing that statute .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 . Employeesin an affected seniority unit may, within 10 days afterthe posting, request a reassignment under this Articleto a posted vacancy . Qualified employees will beassigned to such vacancies on the basis of seniority .If a senior non-preference eligible employee withinthe seniority unit indicates no interest in availablereassignment, then such employee becomes exposedto layoff . A preference eligible employee within theseniority unit shall be required to accept such areassignment to a vacancy in the same level at theinstallation, or, if none exists at the installation, to avacancy in the same level at an installation within thecommuting area 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 applicable seniorityprovisions of the new craft .C. Layoff and Reduction in ForceDefinition. The term "layoff " as used herein refersto the separation of non-protected, non-preferenceeligible employees in the regular work force becauseof lack of work or other legitimate, non-disciplinaryreasons . The term "reduction in force" as used hereinrefers to the separation or reduction in the grade of anon-protected veterans' preference eligible in theregular work force because of lack of work or otherlegitimate non-disciplinary reasons .14

Article 62. 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 .Seniority units for purposes of layoff. Seniorityunits within the categories of full-time regular, parttimeregular, and part-time flexible, will consist of allnon-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 equities ofsenior non-protected employees and with theefficient operation of the installation .Union representation . Chief stewards and unionstewards whose responsibilities bear a directrelationship to the effective and efficientrepresentation of bargaining unit employees shall beplaced at the top of the seniority unit roster in theorder of their relative craft seniority for the purposesof layoff, reduction in force, and recall .Reduction in force. If an excess of employees existsat an installation after satisfaction of the preconditionsset forth in (B) above and after the layoff procedurehas been applied, the Employer may implement areduction in force as defined above . Such reductionwill be conducted in accordance with statutory andregulatory requirements that prevail at the time theforce reduction is effected . Should applicable lawand regulations require that other non-protected,non-preference eligible employees from otherseniority units be laid off prior to reduction in force,such employees will be laid off in inverse order oftheir craft seniority in the seniority unit .15

Article 6In determining competitive levels and competitiveareas applicable in a force reduction, the Employerwill submit its proposal to the Union(s) at least 30days 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 right tomake the final decision with respect to competitivelevels and competitive areas . In making its decisionwith respect to competitive levels and competitiveareas the Employer shall give no greater retentionsecurity to preference eligibles than to nonpreferenceeligibles except as may be required bylaw .D. Recall RightsEmployees 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 Employerinformed of their current address . Employees on thelists shall be notified in order of craft seniority withinthe seniority unit of all vacant assignments in thesame category and level from which they were laidoff or reduced in force . Preference eligibles will beaccorded no recall rights greater than non-preferenceeligibles except as required by law . Notice of vacantassignments shall be given by certified mail, returnreceipt requested, and a copy of such notice shall befurnished to the local union president . An employeeso notified must acknowledge receipt of the noticeand advise the Employer of his or her intentionswithin 5 days after receipt of the notice . If theemployee accepts the position offered he or she mustreport for work within 2 weeks after receipt of notice .If the employee fails to reply to the notice within 516

Article 6days after 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 or herseniority unit or does not have a satisfactory reasonfor failure to reply to a notice, the employee shall beremoved from the recall list.2. An employee reassigned from a losing installationpursuant to B.5 above and who has retreat rights shallbe entitled under this Article to exercise those retreatrights before a vacancy is offered to an employee onthe recall list who is junior to the reassignedemployee in craft seniority .E. Protective Benefits1 . Severance pay. Employees who are separatedbecause of a layoff or reduction in force shall beentitled to severance pay in accordance with Part 435of the Employee and Labor Relations Manual .2. Health and Life Insurance Coverage. Employeeswho are separated because of a layoff or a reductionin force shall be entitled to the health insurance andlife insurance coverage and to the conversion rightsprovided for in the Employee and Labor RelationsManual .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 .17

Article 712 . The Employer shall provide to the affected Union aquarterly report on all reassignments, layoff andreductions in force made under this Article .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 procedureunderthis agreement beyond Step 3 of the grievancearbitrationprocedure .G. IntentThe Employer shall not lay off, reduce in force, or take anyother action against a non-protected employee solely toprevent the attainment of that employee of protection status .ARTICLE 7EMPLOYEE CLASSIFICATIONSSection 1. Definition and UseA. Regular Work Force . The regular work force shallbe comprised 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 service18

Article 7.1week, or shall be available to work flexible hours asassigned by the Employer during the course of aservice week .B. Supplemental Work Force.1 . The supplemental work force shall be comprised ofcasual employees . Casual employees are those whomay be utilized as a limited term supplemental workforce, but may not be employed in lieu of full or parttimeemployees .2 . During the course of a service week, the Employerwill make every effort to insure that qualified andavailable part-time flexible employees are utilizedat the straight-time rate prior to assigning such workto casuals .Beginning January 16, 1999, the number of casualswho may be employed within a District in anyaccounting period, other than accounting periods 3and 4, shall not exceed 15% of the total number ofcareer employees within a District covered by thisAgreement, and also shall not exceed on average5.9% of the total number of career employeescovered by this Agreement during a fiscal year,exclusive of accounting periods 3 and 4 . Disputesconcerning violations of the casual cap will beaddressed by the parties at the national level .a. Any District exceeding the 15% casual cap inany accounting period, other than accountingperiods 3 and 4, shall reduce their casualworkforce by the total number of casualsexceeding the 15% cap within 2 accountingperiods from when the violation took place,except that such reductions will not occur inaccounting periods 3 and 4 . The casual reduction19

Article 7.1associated with a violation occurring inaccounting period 12 or 13 will occur within thenext 2 accounting periods .Any District exceeding the 15% casual cap inmore than one accounting period during a fiscalyear, other than accounting periods 3 and 4, willbe required to settle the violation through amonetary resolution that shall be calculated byutilizing the Level 5, Step A, straight time rate .4. Casuals are limited to two (2) ninety (90) day termsof casual employment in a calendar year . In additionto such employment, casuals may be reemployedduring the Christmas period for not more thantwenty-one (21) days .C. Transitional Work Force1 . The transitional work force shall be comprised ofnoncareer, bargaining unit employees .2. Over the course of a pay period, the Employer willmake a reasonable effort to ensure that qualified andavailable part-time flexible employees are utilizedat straight-time rate prior to assigning such work totransitional employees working in the same worklocation and on the same tour .3. Transitional employees shall be hired pursuant tosuch procedures as the Employer may establish .They will be hired for a term not to exceed 360calendar days for each appointment . Suchemployees have no daily or weekly work hourguarantees, except as provided for in Article 8.8 .D .Transitional employees will have a break in serviceof at least 5 days between appointments .20

Article 7.24. Without limitation as to their use or operationaljustification, the total number of APWUTransitional Employees working in non-RECsites will be in accordance with the schedulebelow . The Postal Service will phase out all non-REC Transitional Employees by no later thanDecember 31, 2005.Calendar YearNumberJanuary 1, 2002 through December 31, 2002 4,000 TE'sJanuary 1, 2003 through December 31, 2003 4,000 TE'sJanuary 1, 2004 through December 31, 2004 4,000 TE'sJanuary 1, 2005 through December 31, 2005 4,000 TE'sSection 2. Employment and Work AssignmentsA. Normally, work in different crafts, occupationalgroups or levels will not be combined into one job .However, to provide maximum full-time employmentand provide necessary flexibility, management mayestablish full-time schedule assignments by includingwork within different crafts or occupational groupsafter the following sequential actions have beentaken :1 . All available work within each separate craft bytour has been combined .2 . Work of different crafts in the same wage levelby tour has been combined .The appropriate representatives of the affected Unionswill be informed in advance of the reasons forestablishing the combination full-time assignmentswithin different crafts in accordance with this Article .21

Article 7.3B .In the event of insufficient work on any particular dayor days in a full-time or part-time employee's ownscheduled assignment, management may assign theemployee to any available work in the same wagelevel for which the employee is qualified, consistentwith the employee's knowledge and experience, inorder to maintain the number of work hours of theemployee's basic work schedule .C .During exceptionally heavy workload periods for oneoccupational group, employees in an occupationalgroup experiencing a light workload period may beassigned to work in the same wage level,commensurate with their capabilities, to the heavyworkload area for such time as managementdetermines necessary .[see Memo, page 283]Section 3. Employee ComplementsA. The Employer shall staff all postal installations whichhave 200 or more man years of employment in theregular work force as of the date of this Agreement asfollows :1 . With respect to the combined bargaining unitsrepresented by the APWU, as set forth in Article1-80% full-time employees .B .The Employer shall maximize the number of full-timeemployees and minimize the number of part-timeemployees who have no fixed work schedules in allpostal installations ; however, nothing in thisparagraph B shall detract from the USPS' ability touse the awarded full-time/part-time ratio as providedfor in paragraph 3 .A . above .22

Article 8.2C. A part-time flexible employee working eight (8)hours within ten (10), on the same five (5) days eachweek and the same assignment over a six monthperiod will demonstrate the need for converting theassignment to a full-time position .[see Memo, pages 282-284]Section 1. Work WeekARTICLE 8HOURS OF WORKThe work week for full-time regulars shall be forty (40)hours per week, eight (8) hours per day within ten (10)consecutive hours, provided, however, that in all offices withmore than 100 full-time employees in the bargaining unitsthe normal work week for full-time regular employees willbe forty hours per week, eight hours per day within nine (9)consecutive hours . Shorter work weeks will, however, existas needed for part-time regulars .Section 2. Work Schedules[see Memos, pages 285-295]A. The employee's service week shall be a calendar weekbeginning 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 thework schedule is distributed evenly over two calendardays, the service day is the calendar day on whichsuch work schedule begins .23

Article 8.3C. 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 Section1 of this Article . As far as practicable the five daysshall be consecutive days within the service week .Section 3. ExceptionsThe above shall not apply to part-time employees andtransitional employees.Part-time employees will be scheduled in accordance withthe above rules, except they may be scheduled for less thaneight (8) hours per service day and less than forty (40) hoursper normal work week .Transitional employees will be scheduled in accordance withSection 2, A and B, of this Article .Section 4.Overtime WorkA. Overtime pay is to be paid at the rate of one and onehalf(1 '/z) times the basic hourly straight-time rate .B .Overtime shall be paid to employees for workperformed only after eight (8) hours on duty in anyone service day or forty (40) hours in any one serviceweek . Nothing in this Section shall be construed bythe parties or any reviewing authority to deny thepayment of overtime to employees for time workedoutside of their regularly scheduled work week at therequest of the Employer.C . Penalty overtime pay is to be paid at the rate of two (2)times the basic hourly straight-time rate . Penaltyovertime pay will not be paid for any hours worked inthe month of December .24

Article 8.5D. Penalty overtime pay will be paid to full-time regularemployees for any overtime work in contravention ofthe restrictions in Section S.F .E. Excluding December, part-time flexible employeeswill receive penalty overtime pay for all work inexcess 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 ratesmay appear applicable to the same hour or hoursworked by an employee, there shall be no pyramidingor adding together of such overtime or premium ratesand only the higher of the employee's applicable ratesshall apply .G. Overtime Work Transitional EmployeesTransitional employees shall be paid overtime forwork performed in excess of forty (40) work hours inany one service week . Overtime pay for transitionalemployees is to be paid at the rate of one and one-half(1 '/z) times the basic hourly straight-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 transitional employee inexcess of eight (8) work hours in a service day, suchqualified and available full-time employees on theappropriate Overtime Desired List will be selected toperform such work in order of their seniority onrotating basis .Section 5. Overtime AssignmentsWhen needed, overtime work for regular full-timeemployees shall be scheduled among qualified employees25

Article 8.5doing similar work in the work location where the employeesregularly work in accordance with the following :A. Two weeks prior to the start of each calendar quarter,full-time regular employees desiring to workovertime during that quarter shall place their nameson an "Overtime Desired" list.B .C .Lists will be established by craft, section, or tour inaccordance with Article 30, Local Implementation .La . When during the quarter the need for overtimearises, employees with the necessary skillshaving listed their names will be selected in orderof their seniority on a rotating basis .b . Those absent or on leave shall be passed over .D. If the voluntary "Overtime Desired" list does notprovide sufficient qualified people, qualified fulltimeregular employees not on the list may be requiredto work overtime on a rotating basis with the firstopportunity assigned to the junior employee .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 employeewill be required to work overtime on more than four(4) of the employee's five (5) scheduled days in aservice week or work over ten (10) hours on aregularly scheduled day, over eight (8) hours on anon-scheduled day, or over six (6) days in a serviceweek .26

Article 8.6G. Full-time employees not on the "Overtime Desired"list may be required to work overtime only if allavailable employees on the "Overtime Desired" listhave worked up to twelve (12) hours in a day or sixty(60) hours in a service week . Employees on the"Overtime Desired" list :may be required to work up to twelve (12) hoursin a day and sixty (60) hours in a service week(subject to payment of penalty overtime pay setforth in Section 4.D for contravention of Section51) ; andexcluding December, shall be limited to no morethan twelve (12) hours of work in a day and nomore than sixty (60) hours of work in a serviceweek .However, the Employer is not required to utilize employeeson the "Overtime Desired" list at the penalty overtime rate ifqualified employees on the "Overtime Desired" list who arenot yet entitled to penalty overtime are available for theovertime assignment .[see Memo, pages 285, 287]Section 6. Sunday Premium PaymentEach employee whose regular work schedule includes aperiod of service, any part of which is within the periodcommencing at midnight Saturday and ending at midnightSunday, shall be paid extra compensation at the rate of 25percent of the employee's base hourly rate of compensationfor each hour of work performed during that period ofservice . An employee's regularly scheduled reporting timeshall not be changed on Saturday or Sunday solely to avoidthe payment of Sunday premium payment .27

Article 8.8Section 7. Night Shift DifferentialEffective for the period November 21, 1998, throughNovember 20, 2000, for time worked between the hours of6:00 p.m . and 6 :00 a.m ., employees shall be paid additionalcompensation at the applicable flat dollar amount at each paygrade and step in accordance with the attached table (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 thereofwhere less than four (4) hours of work is available .Such guaranteed minimum shall not apply to anemployee called in who continues working on into theemployee's regularly scheduled shift .B .C .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.The Employer will guarantee all employees at leastfour (4) hours work or pay on any day they arerequested or scheduled to work in a post office orfacility with 200 or more man years of employmentper year . All employees at other post offices andfacilities will be guaranteed two (2) hours work or paywhen requested or scheduled to work .[see Memo, page 283]D. Effective June 7, 1996, any transitional employeewho is scheduled to work and who reports shall beguaranteed two (2) hours of work or pay . Such workor pay shall not be guaranteed if such employees are28

Article 9.1directed not to report ahead of the time they werescheduled to report to work.Section 9. Wash-Up TimeInstallation heads shall grant reasonable wash-up time tothose employees 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 toTransitional Employees .)ARTICLE 9SALARIES AND WAGESSection 1. Basic Annual SalaryFor those grades and steps in effect during the term of the1998 Agreement, the basic annual salary schedules, withproportional application to hourly rate employees, for thoseemployees covered under the terms and conditions of thisAgreement shall be increased as follows :Effective November 18, 2000-the basic annual salary foreach grade and step shall be increased by an amount equal to1.2 % of the basic annual salary for the applicable grade andstep as set forth in the Postal Service Salary Schedulesappended hereto (Table One) .Effective November 17, 2001-the basic annual salary foreach grade and step shall be increased by an amount equal to1.8 % of the basic annual salary for the applicable grade andstep as set forth in the Postal Service Salary Schedulesappended hereto (Table One) .29

Article 9.2Effective November 16, 2002-the basic annual salaryfor each grade and step shall be increased by an amountequal to 1.4% of the basic annual salary for theapplicable grade and step as set forth in the PostalService Salary Schedules appended hereto (Table One) .Section 2. Step Progression ScheduleThe step progression for the salary schedules shall be asfollows :Schedule 1:Waiting PeriodFor PS Grades Steps (In Weeks)2 through 7 D through H 44Schedule 2:Waiting PeriodFor PS Grades Steps (In Weeks)1 through 3 All 444 through 7 All 368 through 11 All 30Section 3.One-Time Cash PaymentsA. Full-Time EmployeesAll eligible non-probationary full-time employeescovered by this Agreement shall receive a one-time cashpayment, not to be included in basic pay, as follows :Effective December 18, 2001 - $49930

B. Hourly Rate EmployeesArticle 9.3All eligible non-probationary hourly rate employees,who have been paid for less than 2000 hours during thetwenty-sup pay periods prior to the effective date of theone-time cash payment, i.e ., December 18, 2001, shallreceive such payment based on their number of paidhours during that period in accordance with thefollowing schedule :r of Paid HoursPercent of Cash Pavmen1 and Under 500 25500 and Under 1000 501000 and Under 1500 751500 and Over 100The percentage determined as a result of the abovecomputation will be applied to the one-time cashpayment to determine the non-probationary hourly rateemployee's share of the one-time cash payment . Thispayment does not become part of the employee's basicpay.C. Eligibility1. Full-time EmployeesIn order to be eligible to receive the one-time cashpayment, the employee must be in a full-timeregular pay status during the pay periodimmediately prior to the effective date of the onetimecash payment, i .e ., December 18, 2001 .2. Hourly Rate EmployeesIn order to be eligible to receive the one-time cashpayment, an hourly rate employee must be in a31

Article 9.4pay status during the pay period immediatelyprior to the effective date of the one-time cashpayment, i .e . December 18, 2001 .Section 4.Cost of Living AdjustmentA. Definitions1 . "Consumer Price Index" refers to the "NationalConsumer Price Index for Urban Wage Earners andClerical Workers," published by the Bureau of LaborStatistics, United States Department of Labor(1967=100) and referred to herein as the "Index ."2 . "Consumer Price Index Base" refers to theConsumer Price Index for the month of October2001 and is referred to herein as the "Base Index."B. Effective Dates of AdjustmentEach employee covered by this Agreement shall receivecost-of-living adjustments, upward, in accordance with theformula in Section 4.C, below, effective on the followingdates :- the second full pay period after the release of theJanuary 2002 Indexthe second full pay period after the release of the July2002 Indexthe second full pay period after the release of theJanuary 2003 Indexthe second full pay period after the release of the July2003 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 October2001 to January 2002 is 1 .2 points, all pay scales foremployees covered by this Agreement will be increased by 3cents per hour. In no event will a decline in the Index belowthe Base Index result in a decrease in the pay scales providedfor in this Agreement.D. In the event the appropriate Index is not published onor before the beginning of the effective payroll period, anyadjustment required will be made effective at the beginningof the second payroll period after publication of theappropriate Index .E. No adjustment, retroactive or otherwise, shall bemade due to any revision which may later be made in thepublished figures for the Index for any month mentioned in4.13, 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 ofchange to the CPI-W (1982-84=100), the cost-of-livingformula in Section 4.C will be recalculated to provide thesame cost-of-living adjustment that would have been grantedunder the formula using the CPI-W ( 1967 = 100) .Section 5. Application of Salary RatesThe Employer shall continue the current application ofsalary rates for the duration of this Agreement .33

Article 9.6Section 6.Granting Step IncreasesThe Employer will continue the program on granting stepincreases for the duration of this Agreement .Section 7. 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" willreceive "saved grade" for an indefinite period of time subjectto the conditions contained in Article 4, Section 3, andArticle 37 .4 .C.2 .Section 8 Transitional EmployeeThe hourly rates for transitional employees shall beincreased for all grades as follows :Effective November 18, 2000 - the hourly rates for all gradesshall be increased by 1 .2 %, based on the salary scheduleappended hereto (Table Two) .Effective November 17, 2001- the hourly rates for all gradesshall be increased by 1 .8 %,based on the salary scheduleappended hereto (Table Two) .Effective November 16, 2002 - the hourly rates for allgrades shall be increased by 1.4%, based on the salaryschedule appended hereto (Table Two).34

TABLE ONE Page i of 2Full-Time kegularAPlhfI.J salary schedule IEff9Ctlve September 9, 2040 ARP 20-20Q4)AP4VU R$C P end C This table do" not include the 9 .?7e basic pad increase effective November 18, 20pQ .a E F G M333G6 35~543 35 .761 3E~019 36_26C3 35,881 36,137 36 .398 3E,65 1 36,91Cw4 36~505 3C .782 37~4E3 37344 37_6755 37 .191 37,479 97 .790 39,C~76 38_37737,909 38,234 39 .661 se,882 3e .2097 38,ess Koaa Wsz 30,714a 40 .100

ITABLE ONE - Full-Tirv IdatAPVYUSNW Wule2 P010 of 2Ciftecik$Rp1e*r'k2UD:~ [PP2p,2'qMpFYN RECPaM .'ThstAkdoesiutWule1he134has eRarNa~aaff:d~~aNcti~nbaridiLG1,3e AA 4 9 C p E F G H J K L .'.1 4 01 -C2 5~ ° .;15' ziS8 1525? 2?,151 ~W, 2T _" ",31F ~:A~1 ?j 539 ~A?7 =33~ v'-1~3i :ai~i =6.`,Q? 3 . .1933 =J 59' = 14.0 2.,: ;i5 326S s~1 :F~ L}IFI: 'AV 274.1 1'7 S~N~ .i+Yi 33 v-~IJ1 JJVYf _4gLF. 3' .N=~63'_ ry_r-14 2M P 2il'_~ 2 :,1% 29[Q=- te,?1d :UU uu54 :5L'Y 31,317 :519 56,9 ;,:~ =7&Y 3 . . .10:70 iaT 2'_pl !J1ur Ii .:r ~2'c5 :", :S3 S?,-- {1 :~F8; ~;a1~ :621: 31', :~3 b'9.1 =529 3'-_, :5.WL%4,, 1 :11_ J1~_J }7 PYC ?2 :: .,r W O4 YrW t+M,+ .Fs . V: .7 W. ?_i1W .V 9 .f 3J.44V `_~Y L;~aN ., . rif :E ~A AM A M 1:, .V ~~:.M .7. :ea 37,7-~~= :spa 1=fs: ~oo:l Waa -1,~aa,x ..23 U15 ?f0, Y)'-~ ?7 .a~ Xils ?94E -1=f5~ X1 .'8' atrQE 's8 5~5 '.6,165 R7'S 4 :~. :~ XXS 41+-ii ti ;=1S 42Rk 4a15i ~11,~?' .:d6 :9q : 4~152 LU .S fl. :,5~ 4'Y1 4?96d 4=,1671 C -P, .- 4M A .l10 :-9. :71 L:18 -05.:? 41,1:6 UX15 4-47d 4.i,'' s 4SM Mrr 15W: tM 43a[$ L~;;i7

TABLE TWOTransitional Employ" (Tq ScheduleEffective November 24,1SH (PP 25.99)WPay 6 rode1 2 3 4 5 6 T b 9 1~10,13 10,8 X0 .44 I1,6fl 1,33 13 .48 13.39 15,81 16,22 16,64

TABLE THREE Page 1 of 5Fulkime end Pert-#ime Regular Night Differential RSchedule 1- Eifadive November 18, 2000 (PP 25-M0)GRADEPI4Y STEMD E F C, H2 137 1,38 1,x'9 1 .44 1 .413 1 .39 1 .40 1 .11 1 .42 1 .43w001 .42 1 .43 1 .41 1 .46 1 .461 .45 1 .46 1 .47 1 .48 1 .54i .48 i,49 1 .54 1,52 1 .537 1 .51 1 .52 1,54 7 .56 1 .57

SABLE THREE Page 2 of 5Part-tlrne Flexible Might DIfFereMial RateSchedule I - Effective November 18, 2000 {PP 25-2p00)w1.0GRACE234567PAY STEMF G H1 .42 1 .43 1 .44 1 .45 Ud1.41 1 .45 1 .17 1,40 1,491.47 t.s8 1 .49 1 .51 1.521 .5+7 1.51 9 .53 9 .15+1 1161.53 1.56 1 .56 1 .57 1.591,57 1.58 1,60 9,6i 1,63

0GRADETALE THREE Page 3 of 5Full-time and PartAme Regular Night Differential RaksSchedule 2 - Eificti+m Nov-ornher 18, 2400 I PP 25-ago)PAY $7'EPBB AA .4 B C D E F 6 H I J K L hl N 0 P1 0 .84 fl .8B 0_92 0 .95 a_99 1 .03 1 .07 1 .11 1 .t5 1 .1n 1 .22 1 .2E 1 .34 1 .,U 7 .37 9,41 1 .450 .88 0,92 0 .95 0 .99 1 .03 1 .07 1 .11 1 .14 1 .18 1 .22 1 .26 1-29 1 .39 1 .37 1 .41 1 .44 I_4BZ 4.83 pX 1 .00 1 .04 1 .08 1.11 1,16 9,18 1.22 1.26 1,29 1 .33 1,37 7,40 1_44 1,47 1,574 1 .06 1 .10 1 .13 1 .17 1 .2Q 9,24 1 .27 1,31 1 .34 1-39 1 .41 1 .45 1,48 7,52 1,561 .12 1 .15 1 .19 1 . t .25 1 .2B 1,32 1.36 7 .38 1 .42 5.45 i.AB 1,51 1 .55 1.581 .19 1 .22 1,25 1 .28 1,32 9,35 9,38 9,41 1 .44 1 .47 x,54 5,54 1Z? 9,6Q 9,837 1 .22 1 .25 x .28 1.32 1 .35 1 .3B 1.41 1.45 1 .48 1 .51 1.54 1,57 161 164 1,678 1 .45 1,43 1,5p 1M 1,55 1,58 1 .64 1,62 1,65 1 .67 1,74 1,72 1 .749 1 .5-D 1 .52 9-55 157 9.$0 1 .02 1 .64 1.67 1,70 1 .72 135 9.77 1.8L11.0 1 .54 1 .56 1 .69 1_62 1.64 1 .e7 1 .70 1 .72 1.x5 1 .7e Ita 1,e3 1.66

GRADETABLE TH REE Page 4 of 5Pan-11me flexible Night Differential RateSchedule 2 - Effective November 78, 240 (PP 25,24H ~?AY STEP9B AA A B G a E F G M I J k{ L M N 0 PS 0 .67 4 .91 0 .95 0 .99 9,03 1 .47 1 .11 1 .15 1,59 1,22 1,2b 1 .30 5,34 1,38 1A2 1 .46 1 .502 U-81 D-95 V .8$ 1 .U3 1 .07 1 .10 1 .14 1 .18 1 .22 1 .26 1 .30 1 .3+1 7 .38 1_4$ 1_45 1 .49 1 .533 a.95 0 .99 1 .43 1J07 1 .17 1 .14 1 .18 122 1 .26 1 .30 1 .34 1 .38 1 .42 1A6 149 1 .63 1,674 1 .10 7 .94 1.17 9.21 9 .24 12B 1.31 9.35 9.39 9 .42 9 .16 1 .+19 1.53 1-5B 1 .605 1,16 1 .19 1 .23 1 .26 1,3[1 1 .33 1 .37 1,4D 1 .43 1 .47 1 .50 1 .34 1,57 161 1 .616 1 .23 926 1,34 9,33 1 .36 1-39 1 .18 1 .46 9 .49 1 .~3 9 .5(~ 1 .~9 1 .G2 1 .$8 1M7 1 .25 1-29 1,33 1 .36 1,39 1 .43 1Afi 1_50 9-53 1-56 9,60 1,63 1,G5 1 .70 1 .734 9 .,s~'J, 9 .54 9 .57 9 .99 9_e2 1 .64 1-67 1 .69 1 .71 04 1 .77 1_79 1-&29 1_55 9 .57 1 .80 1 .93 1 .85 189 1_71 1 .79 1 .78 1 .79 1 .91 1_84 1,8710 1,59 1 .82 1 .85 1,F 1 .70 1 .73 1 .76 1 .79 1,82 1,54 1 .87 1 .10 1 .~5

NTABLE THREE Page 5 of 5Transitional Employee Might Diffmntliol RatesEfFecdvt November 1$ . 2440 (PP 25-200Q)

Article 10.3 .13ARTICLE 10LEAVESection 1. FundingThe Employer shall continue funding the leave program soas to continue the current leave earning level for the durationof this 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 conditionsof employees covered by this Agreement, shall remain ineffect for the life of this Agreement .B. Career employees will be given preference overnoncareer employees when scheduling annual leave . Thispreference will take into consideration that scheduling isdone on a tour-by-tour basis and that employee skills are adetermining factor in this decision .(The preceding paragraph, Article 10 .213,Transitional Employees .)applies to[see Memos, pages 296-302]Section 3. Choice of Vacation PeriodA. It is agreed to establish a nationwide program forvacation planning for employees in the regular work forcewith emphasis upon the choice vacation period(s) orvariations thereof.B. Care shall be exercised to assure that no employee isrequired to forfeit any part of such employee's annual leave .43

Article 10.3.CC . The parties agree that the duration of the choicevacation period(s) in all postal installations shall bedetermined pursuant 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 leave peryear 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 10 workingdays, the total not to exceed the ten (10) or fifteen(15) days above, may be determined pursuant tolocal implementation procedures .4 . The remainder of the employee's annual leave maybe granted at other times during the year, asrequested by the employee .E. 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 representativeand the 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) duringthe choice vacation period is eligible for another available44

Article 10.4.1)period provided this does not deprive any other employee offirst choice for scheduled vacation .Section 4. Vacation PlanningThe following general rules shall be observed inimplementing the vacation planning program :A. The Employer shall, no later than November 1,publicize on bulletin boards and by other appropriate meansthe beginning date of the new leave year, which shall beginwith the first day of the first full pay period of the calendaryear .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 the currentyear and the amount he/she expects to take in thecurrent year .2. Determine a final date for submission of applicationsfor vacation period(s) of the employee's choiceduring the choice vacation period(s).3. Provide official notice to each employee of thevacation schedule approved for each employee .C. A procedure in each office for submission ofapplications for annual leave for periods other than thechoice period may be established pursuant to theimplementation procedure above .D. All advance commitments for granting annual leavemust be honored except in serious emergency situations .45

Article 10.5Section 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 employeehas insufficient sick leave .C . Employee becoming ill while on annual leave mayhave leave 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 Memo, pages 297, 301]Section 6. 1Vlinimum Charge for LeaveThe minimum unit charged for sick leave and annual leavefor regular work force employees as defined in Article 7,Section 1A, is one hundredth of an hour (.O1 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 . TheEmployer is not obligated to approve such leave for the lasthour of the employee's scheduled workday prior to and/orthe first hour of the employee's scheduled workday after aholiday .(Additional leave provisions regarding Transitional Employeescan be found in Appendix A)[see Memo, pages 297-302]46

ARTICLE 11HOLIDAYSArticle 11 .3Section 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" :New Year's DayMartin Luther King, Jr .'s BirthdayWashington's BirthdayMemorial DayIndependence DayLabor DayColumbus DayVeterans' DayThanksgiving DayChristmas DaySection 2.EligibilityTo be eligible for holiday pay, an employee must be in a paystatus the last hour of the employee's scheduled workdayprior to or the first hour of the employee's scheduledworkday after the holiday .Section 3. PaymentA. An employee shall receive holiday pay at theemployee's base hourly straight time rate for a number ofhours equal to the employee's regular daily workingschedule, not to exceed eight (8) hours . Effective February2, 2002, employees who work their holiday, at theiroption, may elect to have their annual leave balancecredited with up to eight (8) hours of annual leave in lieuof holiday leave pay.47

Article 11.4B . 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 February2, 2002, employees who work their holiday, at theiroption, may elect to have their annual leave balancecredited with up to eight (8) hours of annual leave orreceive holiday pay to which the employee is entitled asabove described .B . An employee required to work on Christmas shall bepaid one and one-half ( 1'/z) times the base hourly straighttime rate for each hour worked . Effective February 2, 2002,employees who work their holiday, at their option, mayelect to have their annual leave balance credited with upto eight (8) hours of annual leave or receive holiday pay towhich the employee is entitled as above described .C. Deferred holiday leave credited in accordancewith Section 4.A or 4.13, above, will be subject to allapplicable rules for requesting and scheduling annualleave and shall be combined with annual leave andcounted as annual leave for purposes of annual leavecarryover .Section 5. Holiday on Non-Work DayA. When a holiday falls on Sunday, the followingMonday will be observed as the holiday . When a holidayfalls on Saturday, the preceding Friday shall be observed asthe holiday .48

Article 11 .6B. When an employee's scheduled non-work day fallson a day observed as a holiday, the employee's scheduledworkday preceding the holiday shall be designated as thatemployee's holiday .Section 6. Holiday ScheduleA. The Employer will determine the number andcategories of employees needed for holiday work and aschedule shall be posted as of the Tuesday preceding theservice week in which the holiday falls .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 employeeswill not be required to work on a holiday or day designated astheir holiday unless all casuals and part-time flexibles areutilized to the maximum extent possible even if the paymentof overtime is required, and unless all full-time and part-timeregulars with the needed skills who wish to work on theholiday have been afforded an opportunity to do so .C. An employee scheduled to work on a holiday whodoes not work shall not receive holiday pay, unless suchabsence is based on an extreme emergency situation and isexcused by the Employer.D. Transitional EmployeeTransitional employees will be scheduled for work on aholiday or designated holiday after all full-time volunteersare scheduled to work on their holiday or designated holiday .They will be scheduled, to the extent possible, prior to anyfull-time volunteers or nonvolunteers being scheduled towork a nonscheduled day or any full-time nonvolunteersbeing required to work their holiday or designated holiday . Ifthe parties have locally negotiated a pecking order that49

Article 12 .1would schedule full-time volunteers on a nonscheduled day,the Local Memorandum of Understanding 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 regularstraight time hourly rate on the employee's annual ratedivided by 2,000 hours . For work performed on December25 a part-time flexible schedule employee shall be paid inaddition to the employee's regular straight time hourly rate,one-half (U2) times the employee's regular straight timehourly rate for each hour 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 rightto separate from its employ any probationary employee atany time during the probationary period and theseprobationary employees shall not be permitted access to thegrievance procedure in relation thereto . If the Employerintends to separate an employee during the probationaryperiod for scheme failure, the employee shall be given atleast seven (7) days advance notice of such intent to separatethe employee . If the employee qualifies on the scheme withinthe notice period, the employee will not be separated forprior scheme failure .B . The parties recognize that the failure of the Employerto discover a falsification by an employee in the employmentapplication prior to the expiration of the probationary period50

Article 12 .2shall not bar the use of such falsification as a reason fordischarge .C. When an employee completes the probationaryperiod, seniority will be computed in accordance with thisAgreement as of the initial day of full-time or part-timeemployment .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 ofthis Agreement .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 withinthe Postal Service, unless the employee returnswithin 1 year from the date the employee left the unit .C. An employee who left the bargaining unit before July21, 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, and51

Article 12 .3returns to the same craft has seniority as provided in the1990-1994 National 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 oneyear, under B .2 . above shall be established afterreassignment as the seniority the employee had when he/sheleft minus seniority credit for service outside the bargainingunit, craft and/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 Agreementunless such bid:1 . is to a job in a higher wage level;2 . is due to elimination or reposting of the employee'sduty assignment ; or3 . enables an employee to become assigned to a stationcloser 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 theregular work force shall be kept to a minimum, consistent52

Article 12 .4.Cwith the needs 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 andreassignment plan . At least 90 days in advance ofimplementation of such plan, the Employer will meet withthe Union at the national level to fully advise the Union howit intends to implement the plan . If the Union believes suchplan violates the National Agreement, the matter may begrieved .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 theUnion based 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, inthe case of a new installation, the anticipated complement bytour and craft. The Union at the Regional Level will beperiodically updated by the Employer should any of theinformation change due to more current data being available .C. When employees are excessed out of theirinstallation, the Union at the national level may request acomparative work hour report of the losing installation 60days after the excessing of 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 isdenied, the employees have the right to the grievancearbitrationprocedure .53

Article 12.5D. In order to minimize the impact on employees in theregular work force, the Employer agrees to separate, to theextent possible, casual employees working in the affectedcraft and installation prior to excessing any regular employeein that craft out of the installation . The junior full-timeemployee who is being excessed has the option of revertingto part-time flexible status in his/her craft, or of beingreassigned to the gaining installation .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 an installationby making it part of another and continuingindependent installation) ;3 . Transfer a classified station or classified branch tothe jurisdiction of an other installation or make anindependent installation ;4 . Reassign within an installation employees excess tothe needs of a section of that installation ;5 . Reduce the number of regular work force employeesof an installation other than by attrition ;6 . Centralized mail processing and/or deliveryinstallation (Clerk Craft only) ;7 . Reassignment-motor vehicles ;54

Article 12 .5.B .58. Reassignment-part-time flexibles in excess ofquota; such actions shall be subject to the followingprinciples and requirements .B. Principles and Requirements1 . Dislocation and inconvenience to full-time and parttimeflexible employees shall be kept to theminimum consistent with the needs of the service .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 . When positions arewithheld, local management will periodically reviewthe continuing need for withholding such positionsand discuss with the union the results of such review .3. No employee shall be allowed to displace, or "bump"another employee, properly holding a position orduty assignment .4. 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 .Full-time and part-time flexible employeesinvoluntarily detailed or reassigned from oneinstallation to another shall be given not less than 60days advance notice, if possible, and shall receivemoving, mileage, per diem and reimbursement formovement of household goods as appropriate iflegally payable will be governed by the standardizedGovernment travel regulations as set forth inMethods Handbook F- 10, " Travel ."55

Article 12.5 .B .66 . 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 .Whenever changes in mail handling patterns areundertaken in an area including one or more postalinstallations with resultant successive reassignmentsof clerks from those installations to one or morecentral installations, the reassignment of clerks shallbe treated as details for the first 180 days in order toprevent inequities in the seniority lists at the gaininginstallations . The 180 days is computed from the dateof the first detail of a clerk to the central,consolidated or new installation in that specificplanning program . If a tie develops in establishingthe merged seniority roster at the gaininginstallation, it shall be broken by total continuousservice in the regular work force in the same 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 .9 . Whenever the provisions of the Section establishingseniority are inconsistent with the provisions of theCraft Articles of this Agreement, the provisions ofthe Craft Articles shall prevail .10 . It is understood that any employee entitled hereunderto a specific placement may exercise suchentitlement only if no other employee has a superiorclaim hereunder to the same position .56

Article 12 .5.C111 . Surplus/excess U.S . Postal Service Employees-Surplus/excess U.S . Postal Service employees fromnon-mail processing and non-mail delivery installations,regional offices, the U.S . Postal ServiceHeadquarters or from other Federal departments oragencies shall be placed at the foot of the part-timeflexible roll and begin a new period of seniorityeffective the date of reassignment . Except asprovided in Article 12 .2, surplus/excess U.S . PostalService employees from an APWiJ bargaining unitin any such facility shall begin a new period ofseniority but will retain their full-time or part-timestatus .C. Special Provisions on ReassignmentsIn addition to the general principles and requirements abovespecified, the following specific provisions are applicable :1 . Discontinuance of an Independent Installationa .When an independent installation is discontinued,all full-time and part-time flexibleemployees shall, to the maximum extentpossible, be involuntarily reassigned to continuingpostal positions in accordance with thefollowing :Involuntary reassignment of full-time employeeswith their seniority for duty assignments tovacancies in the same or lower level in the samecraft or occupational group in installationswithin 100 miles of the discontinued installation,or in more distant installations, if afterconsultation with the Union, it is determinedthat it is necessary . The Postal Service willdesignate such installations forthe reassignmentof excess full-time employees . When two or57

Article 12 .5.C1.cmore such vacancies are simultaneouslyavailable, first choice of duty assignment shallgo to the senior employee entitled bydisplacement from a discontinued installation tosuch placement.c .Involuntary reassignment of full-time employeesfor whom consultation did not provide forplacement under C.l .b above in other crafts oroccupational groups in which they meetminimum qualifications at the same or lowerlevel with permanent seniority for dutyassignments under (1) and (2) below, whicheveris lesser:(1) One day junior to the seniority of the juniorfull-time employee in the same level andcraft or occupation in the installation towhich assigned, or(2) The seniority the employee had in the craftfrom which reassigned .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 within100 miles of the discontinued installation, or inmore distant installations, if after consultationwith the Union it is determined that it isnecessary, the Postal Service will designate suchinstallations for the reassignment of the parttimeflexible employees .e .Involuntary reassignment of part-time flexibleemployees for whom consultation did notprovide for placement under C.l .d above inother crafts or occupational groups in which58

Article 12 .5.C .2they meet minimum qualification at the same orlower level at the foot of the existing part-timeflexible roster at the receiving installation andbegin a new period of seniority .Full-time employees for whom no full-timevacancies are available by the time theinstallation is discontinued shall be changed topart-time flexible employees in the same craftand placed as such, but shall for six monthsretain placement rights to full-time vacanciesdeveloping within that time within anyinstallation within 100 miles of the discontinuedinstallation, or in more distant installations, ifafter consultation with the Union it is necessary,U.S . Postal Service will designate suchinstallations for the reassignment of excess fulltimeemployees on the same basis as if they hadremained full-time.Employees, full-time or part-time flexible,involuntarily reassigned as above provided shallupon the reestablishment of the discontinuedinstallation be entitled to reassignment with fullseniority to the first vacancy in the reestablishedinstallation in the level, craft or occupationalgroup from which reassigned .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 .59

Article 12 .5.C .3b .Where reassignments under 2.a, preceding,result in an excess of employees in any craft oroccupational group in the continuing installation,identification and placement of excessemployees shall be accomplished by thecontinuing installation in accordance with theprovisions of this Agreement covering suchsituations .c .If the consolidated installation again becomesan independent installation, each full-time andpart-time flexible employee whose reassignmentwas necessitated by the previousconsolidation shall be entitled to the firstvacancy in the reestablished installation in thelevel and craft or occupational group held at thetime the installation was discontinued .3 . Transfer of a Classified Station or ClassifiedBranch to the Jurisdiction of Another Installationor Made an Independent Installationa. When a classified station or classified branch istransferred to the jurisdiction of anotherinstallation or made an independent installation,all full-time employees shall at their optionremain with the classified station or classifiedbranch without loss of seniority, or remain withthe installation from which the classified stationor classified branch is being transferred .b .A realistic appraisal shall be made of the numberof employees by crafts or occupations who willbe needed in the station after transfer, andpotential vacancies within these requirementscreated by the unwillingness of employees tofollow the station to the new jurisdiction shall be60

Article 12 .5.C .4posted for bid on an office-wide basis in thelosing installation .c .If the postings provided in paragraph 3.b,preceding, do not result in sufficient employeesto staff the transferred classified station orclassified branch, junior employees, by craft oroccupational group on an installation-wideseniority basis in the losing installation, shall beinvoluntarily reassigned to the classified stationor classified branch and each employee thusinvoluntarily reassigned shall be entitled to thefirst vacancy in such employee's level and craftor occupational group in the installation fromwhich transferred .4. Reassignment Within an Installation of EmployeesExcess to the Needs of a Sectiona .The identification of assignments comprisingfor this purpose a section shall be determinedlocally by local negotiations . If no sections areestablished immediately by local negotiations,the entire installation shall comprise the section .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 be61

Article 12.5.C.5considered if more than one such assignment isavailable.c .d .Such reassigned full-time employee retains theright to retreat to the section from whichwithdrawn only upon the occurrence of the firstresidual vacancy in the salary level afteremployees in the section have completedbidding . Such bidding in the section is limited toemployees in the same salary level as thevacancy . Failure to bid for the first availablevacancy will end such retreat right . The right toretreat to the section is optional with theemployee who has retreat rights with respect toa vacancy in a lower salary level . Failure toexercise the option does not terminate the retreatrights in the salary level in which the employeewas reassigned away from the section . In theClerk Craft, an employee may exercise theoption to retreat to a vacancy in a lower salarylevel only to an assignment for which theemployee would have been otherwise eligible tobid .The duty assignment vacated by the reassignmentof the junior full-time employee from thesection shall be posted for bid of the full-timeemployees in the section . If there are no bids, thejunior remaining unassigned full-time employeein the section shall be assigned to the vacancy .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 :62

Article 12 .5.C .5.a .(5)(1) Shall determine by craft and occupationalgroup the number of excess employees ;(2) Shall, to the extent possible, minimize theimpact on regular work force employees byseparation of all casuals ;(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 ; make reassignmentsof excess full-time employeeswho meet the minimum qualifications forvacant assignments in other crafts in thesame installation ; involuntarily reassignthem (except as provided for letter carriersand vehicle service employees in SectionC.S .b below) in the same or lower levelwith seniority, whichever is the lesser of:(a) One day junior to the seniority of thejunior full-time employee in the samelevel and craft or occupational groupin the installation to which assigned,or(b) The seniority the employee had in thecraft from which reassigned . The 5-year rule does not apply .(5) The employee shall be returned at the firstopportunity to the craft from whichreassigned .63

Article 12 .5.C .5.a.(6)(6) When returned, the employee retainsseniority previously attained in the craftaugmented by intervening employment inthe other craft.(7) The right of election by a senior employeeprovided in paragraph b(3), below is notavailable for this cross-craft reassignmentwithin the installation .b .Reassignments to other installations aftermaking reassignments within the installation :(1) Involuntarily reassign such excess fulltimeemployees starting with the juniorwith their seniority for duty assignments tovacancies in the same or lower level in theAPWU crafts in installations within 100miles of the losing installation, or in moredistant installations if after consultationwith the Union it is determined that it isnecessary, the Postal Service will designatesuch installations 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 by makingvoluntary reassignments to vacantmotor vehicle craft positions ininstallations within 100 miles unless64

Article 12 .5.C .5 .b.(4)the employee applies for a vacancy ina more distant installation . Seniorqualified applicants for such vacantpositions shall be reassigned . Whenreassignment is in the same designationand salary level, the reassignedemployee retains his/her seniority .(2) Involuntarily reassign full-time employeesfor whom consultation did not provide forplacement under b(1) above in other craftsor occupational groups in which they meetminimum qualifications at the same orlower level with permanent seniority forduty assignments whichever is lesser of :(a) one day junior to the seniority of thejunior full-time employee in the samelevel and craft or occupational groupin the installation to which assigned,or(b) the seniority he/she had in the craftfrom which reassigned . The 5-yearrule does not apply.(3) Any senior employee in the same craft oroccupational group in the same installationmay elect to be reassigned to the gaininginstallation and take the seniority of thesenior full-time employee subject toinvoluntary reassignment . Such senioremployees who accept reassignment to thegaining installation do not have retreatrights .(4) When two or more such vacancies aresimultaneously available, first choice of65

Article 12 .5.C .5 .b.(5)duty assignment shall go to the senioremployee entitled by displacement from adiscontinued installation to such placement.(5) A full-time employee shall have the optionof changing to part-time flexible in thesame craft or occupational group in lieu ofinvoluntary reassignment .(6) Employees involuntarily reassigned underb(1) and (2) above, other than senioremployees who elect to be reassigned inplace of junior employees, shall be entitledat the time of such reassignment to file awritten request to be returned to the firstvacancy in the level, in the craft oroccupational group in the installation fromwhich reassigned, and such request shall behonored so long as the employee does notwithdraw it or decline to accept anopportunity to return in accordance withsuch request .In the Clerk Craft, an employee(s)involuntarily reassigned shall be entitled atthe time of such reassignment to file awritten request to return to the first vacancyin the craft and installation from whichreassigned . Such request for retreat rightsmust indicate whether the employee(s)desires to retreat to the same, lower, and/orhigher salary level assignment and, if so,what salary level(s) . The employee(s) shallhave the right to bid for vacancies withinthe former installation and the writtenrequest for retreat rights shall serve as a bidfor all vacancies in the level from which the66

Article 12 .5.C.6employee was reassigned and for allresidual vacancies in other levels for whichthe employee has expressed a desire toretreat . The employee(s) may retreat toonly those assignments for which theemployee(s) would have been otherwiseeligible to bid . If vacancies are available ina specified lower, higher or same salarylevel, the employee will be given theoption . Failure to exercise retreat rights tothe first available vacancy terminates suchrights . Furthermore, employee(s) electingto retreat to a lower level assignment arenot entitled to salary protection .[see Memo, page 303]6. Centralized Mail, Processing and/or DeliveryInstallation (Clerk Craft Only)a .b .When the operations at a centralized installationor other mail processing and/or deliveryinstallation result in an excess of full-time clerksat another installation (s), full-time clerks whoare excess in a losing installation(s) by reason ofthe change, shall be reassigned as provided inSection C.S .b . Reassignments of clerks shall betreated as details for the first 180 days to avoidinequities in the selection of preferred dutyassignments by full-time clerks in the gaininginstallation .Previously established preferred duty assignmentswhich become vacant before expirationof the detail period must be posted for bid andawarded to eligible full-time clerks thenpermanently assigned in the gaining installa-67

Article 12.5.C.6.ction . Excess part-time flexible clerks may bereassigned as provided for in Section C.8 .c .All new duty assignments created in the gaininginstallation and all other vacant duty assignmentsin the centralized installation shall beposted forbid . One hundred eighty (180) days iscomputed from the date of the first detail of anemployee . Bidding shall be open to all full-timeclerks of the craft involved at the gaininginstallation . This includes full-time clerksassigned to the gaining installation .d . When the centralized installation is a new one :(1) Full-time clerks who apply for reassignmentfrom the losing installation, shall bereassigned with their seniority .(2) Reassignments shall be in the order ofseniority and shall not exceed the numberof excess full-time clerks in the losinginstallation .(3) The provisions of S.a, above, apply toreassign junior full-time excess clerks,with their seniority, when there are excessfull-time clerks after the reassignment ofsenior full-time clerks who apply forreassignment .7 . Reassignments - Motor Vehiclea. When a vehicle maintenance facility isestablished to replace an auxiliary garage, fulltimeand part-time flexible craft positions in thegaining installation are to be posted in the losinginstallation for applications by full-time and68

Article 12 .5.C .7 .epart-time flexible employees, respectively .Senior qualified applicants shall be reassignedwithout loss of seniority, but not to exceed thenumber of excess employees in the losinginstallation .When a vehicle maintenance facility isestablished to replace vehicle maintenance in aperimeter office, full-time and part-time flexiblecraft positions in the new maintenance facilityshall be posted in the losing installation forapplications by full-time and part-time flexibleemployees, respectively . Senior qualified applicantsshall be reassigned without loss ofseniority, but not to exceed the number of excessemployees in the losing installation .c .d .e .When vehicle operations are changed bytransfer from one installation to another, newfull-time and part-time flexible craft positionsshall be posted for applications in the losinginstallation by full-time and part-time flexibleemployees in the craft, respectively . Seniorqualified applicants shall be reassigned withoutloss of seniority, but not to exceed the number ofexcess employees in the losing installation .After all reassignments have been made to thegaining installation, pursuant to Subsections a, band c, the new full-time assignments in thegaining installation shall be posted for bid .If, after establishment of a new installation,operations result in further excess at losinginstallation(s), the procedures in Subsections a,b, c and d, above, apply to reassign seniorapplicants from the losing installation(s) topositions in the new installation .69

Article 12.5.C.88. Reassignment - Part-Time Flexible Employees inExcess of Quota (Other Than Motor Vehicle)Where there are part-time flexible employees inexcess of the part-time flexible quota for the craft forwhom 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 .a. An excess employee reassigned to another craftin the same or another installation shall beassigned to the foot of the part-time flexible rolland begin a new period of seniority .b .c .An excess part-time flexible employee reassignedto the same craft in another installationshall be placed at the foot of the part-timeflexible roll . Upon change to full-time from thetop of the part-time flexible roll, the employee'sseniority for preferred assignments shall includethe seniority the employee had in losinginstallation augmented by part-time flexibleservice in the gaining installation .A senior part-time flexible in the same craft oroccupational group in the same installation mayelect to be reassigned in another installation inthe same or another craft and take the seniority,if any, of the senior excess part-time flexiblebeing reassigned, as set forth in a and b, above.d . The Postal Service will designate, afterconsultation with the Union, vacancies atinstallations in which excess part-time flexiblesmay request to be reassigned beginning withvacancies in other crafts in the same installation ;70

Article 12 .5 .C .8.6then vacancies in the same craft in otherinstallations ; and finally vacancies in othercrafts in other installations making thedesignations to minimize relocation hardshipsto the extent practicable .e .Part-time flexibles reassigned to another craft inthe same installation shall be returned to the firstpart-time flexible vacancy within the craft andlevel from which reassigned .Part-time flexibles reassigned to other installationshave retreatrights to the next such vacancyaccording to their standing on the part-timeflexible roll in the losing installation but suchretreat right does not extend to part-timeflexibles who elect to request reassignment inplace of the junior part-time flexibles .g .The right to return is dependent upon a writtenrequest made at the time of reassignment fromthe losing installation and such request shall behonored unless it is withdrawn or an opportunityto return is declined .D. Part-Time Regular EmployeesPart-time regular employees assigned in the craftunits shall be considered to be in a separate category .All provisions of this Section apply to part-timeregular employees within their own category .Section 6.TransfersA. Installation heads will consider requests for transferssubmitted by employees from other installations .71

Article 13.1B. Providing a written request for a voluntary transfer hasbeen submitted, a written acknowledgment shall be given ina timely manner.[see Memo, pages 305, 309]ARTICLE 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 recognizingtheir responsibility to aid and assist deserving full-timeregular or part-time flexible employees who through illnessor injury are unable to perform their regularly assignedduties, agree to the following provisions and conditions forreassignment to temporary or permanent light duty or otherassignments . It will be the responsibility of each installationhead to implement the provisions of this Agreement withinthe installation, after local negotiations .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 voluntarilysubmit a written request to the installation head fortemporary assignment to a light duty or other assignment .The request shall be supported by a medical statement from72

Article 13 .2.13a licensed physician or by a written statement from a licensedchiropractor stating, when possible, the anticipated durationof the convalescence period . Such employee agrees tosubmit to a further examination by a Public Health Servicedoctor or physician designated by the installation head, ifthat official so requests .B. Permanent ReassignmentAny 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 employee ispermanently unable to perform all or part of theassigned duties . The request shall be accompaniedby a medical certificate from the United States PublicHealth Service or a physician designated by theinstallation head giving full evidence of the physicalcondition of the employee, the need for reassignment,and the ability of the employee to performother duties . A certificate from the employee'spersonal physician will not be acceptable .The following procedures are the exclusiveprocedures for resolving a disagreement between theemployee's physician and the physician designatedby the USPS concerning the medical condition of anemployee who has requested a permanent light dutyassignment . These procedures shall not apply tocases where the employee's medical condition aroseout of an occupational illness or injury . On request ofthe Union, a third physician will be selected from alist of five Board Certified Specialists in the medicalfield for the condition in question, the list to be73

Article 13.2.Csupplied by the local Medical Society . The physicianwill be selected by the alternate striking of namesfrom the list by the Union and the Employer . TheEmployer will supply the selected physician with allrelevant facts including job description andoccupational physical requirements . The decision ofthe third physician will be final as to the employee'smedical condition and occupational limitations, ifany . Any other issues relating to the employee'sentitlement to a light duty assignment shall beresolved through the grievance-arbitration procedure. The costs of the services of the third physicianshall be shared by the Union and the Employer .C . Installation heads shall show the greatest considerationfor full-time regular or part-time flexible employeesrequiring light duty or other assignments, giving eachrequest careful attention, and reassign such employees to theextent possible in the employee's office . When a request isrefused, the installation head shall notify the concernedemployee in writing, stating the reasons for the inability toreassign the employee .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 establishthe assignments that are to be considered light duty withineach craft represented in the office . These negotiationsshould explore ways and means to make adjustments innormal assignments, to convert them to light dutyassignments without seriously affecting the production ofthe assignment.74

Article 13 .4.CB. Light duty assignments maybe 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 .C. 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,work location and basic work week shall be those of the lightduty assignment and the needs of the service, whether or notthe same 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 oroccupational group, even if such assignment reduces thenumber of hours of work for the supplemental work force .After all efforts are exhausted in this area, consideration willbe given to reassignment to another craft or occupationalgroup within the same installation .B. The full-time regular or part-time flexible employeemust be able to meet the qualifications of the position towhich the employee is reassigned on a permanent basis . Ona temporary reassignment, qualifications can be modifiedprovided excessive 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 any75

Article 13.4 .1)full-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 otherassignment within the office, such as type of assignment,area of assignment, hours of duty, etc ., will be the decision ofthe installation 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 beauthorized within the craft or occupational group to whichthe employee is being reassigned, if the additional positioncan be established out of the part-time hours being used inthat operation without increasing the overall hour usage . Ifthis cannot be accomplished, then consideration will begiven to reassignment 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 ableto perform satisfactorily in other than the light dutyassignment the employee occupies . This review is todetermine the need for continuation of the employee in thelight duty assignment . Such employee may be requested tosubmit to a medical review by the United States PublicHealth Service or by a physician designated by theinstallation head if the installation head believes suchexamination 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 ona light duty assignment . These procedures shall not apply to76

Article 13 .4.Jcases where the employee's medical condition arose out ofan occupational illness or injury . On request of the Union, athird physician will be selected from a list of five BoardCertified Specialists in the medical field for the condition inquestion, the list to be supplied by the local Medical Society .The physician will be selected by the alternate striking ofnames from the list by the Union and the Employer . TheEmployer will supply the selected physician with all relevantfacts including job description and occupational physicalrequirements . The decision of the third physician will befinal as to the employee's medical condition andoccupational limitations, if any . Any other issues relating tothe employee's entitlement to a light duty assignment shallbe resolved through the grievance-arbitration procedure .The costs of the services of the thirdphysician shall be sharedby the Union and the Employer .H. When a full-time regular employee in a temporarylight duty assignment is declared recovered on medicalreview, the employee shall be returned to the employee'sformer duty assignment, if it has not been discontinued . Ifsuch former regular assignment has been discontinued theemployee becomes an unassigned full-time regularemployee .I . If a full-time regular employee is reassigned inanother craft for permanent light duty and later is declaredrecovered, on medical review, the employee shall bereturned to the first available full-time regular vacancy incomplement in the employee's former craft . Pending returnto such former craft, the employee shall be an unassignedfull-time regular employee . The employee's seniority shallbe restored to include 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 medical77

Article 13 .5review, 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 shallbe terminated .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. Section4 .1, above, does not apply even though the employee hasadvanced to full-time regular while on light duty .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 isunable to perform the regularly assigned duties, from onecraft to another craft within the office, the followingprocedures will be followed :A. When the reassigned employee is a full-time regularemployee, the resulting full-time regular vacancy in thecomplement, not necessarily in the particular dutyassignment of the losing craft from which the employee isbeing reassigned, shall be posted to give the senior of thefull-time regular employees in the gaining craft theopportunity to be reassigned to the vacancy, if desired .B . If no full-time regular employee accepts theopportunity to be assigned to the vacancy in the complement,not necessarily in the particular duty assignment in the othercraft, the senior of the part-time flexibles on the opposite rollwho wishes to accept the vacancy shall be assigned to thefull-time regular vacancy in the complement of the craft ofthe reassigned employee .78

Article 13 .6C. When the reassigned employee is a part-time flexible,the resulting vacancy in the losing craft shall be posted togive the 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 .D. 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, tobe assigned in the resulting full-time regular vacancy in thecomplement, not necessarily in the particular dutyassignment of the losing craft .Section 6. Seniority of an Employee Assigned toAnother CraftA. Except as provided for in Section 4.1, above, a fulltimeregular employee assigned to another craft oroccupational group in the same or lower level in the sameinstallation shall take the seniority for preferred tours andassignments, whichever is the lesser of (a) one day junior tothe junior full-time regular employee in the craft oroccupational group, (b) retain the seniority the employee hadin the employee's former craft .B. A part-time flexible employee who is permanentlyassigned to a full-time regular or part-time flexibleassignment in another craft, under the provisions of thisArticle, shall begin a new period of seniority . If assigned asa part-time flexible, it shall be at the foot of the part-timeflexible roll .79

Article 14.1ARTICLE 14SAFETY AND HEALTHSection 1. ResponsibilitiesIt is the responsibility of management to provide safeworking conditions in all present and future installations andto develop a safe working force . The Union will cooperatewith and assist management to live up to this responsibility .The Employer will meet with the Union on a semiannualbasis and inform the Union of its automated systemsdevelopment programs . The Employer also agrees to giveappropriate consideration to human factors in the design anddevelopment of automated systems . Human factors andergonomics of new automated systems are a proper subjectfor discussion at the National Joint Labor-ManagementSafety Committee .Section 2.CooperationThe 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 ina safe and sanitary condition, including adequateoccupational health and environmental conditions . TheEmployer shall make available at each installation theappropriate forms to be used by employees in reportingunsafe and unhealthful conditions . If an employee believeshe/she is being required to work under unsafe conditions,such employees may :(a) notify such employee's supervisor who willimmediately investigate the condition and takecorrective action if necessary ;(b) notify such employee's steward, if available, whomay discuss the alleged unsafe condition with such80

Article 14.2employee's supervisor ;(c) file a grievance at Step 2 of the grievance procedurewithin fourteen (14) days of notifying suchemployee's supervisor if no corrective action is takenduring the employee's tour, and/or(d) make a written report to the Union representative fromthe local Safety and Health Committee who maydiscuss the report with such employee's supervisor.Upon written request of the employee involved in anaccident, a copy of the PS Form 1769 (Accident Report) willbe 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 anddecision or may be appealed directly to arbitration within21 days after receipt of the Employer's Step 2 decision .Any such appeal to the Safety and Health Committee mustbe made within fifteen (15) days after receipt of theEmployer's Step 2 decision unless the parties agree to extendthe time for appeal . The committee shall meet to discuss thegrievance at the next regularly scheduled Safety and HealthCommittee meeting . Any grievance not resolved by thecommittee may be appealed directly to arbitration within 21days of the committee's review . If appealed to theregularly scheduled local Safety and Health Committee,the parties representatives shall be prepared to presentthe issue to the committee with their assessment andresolution .Any grievance which has as its subject a safety or healthissue directly 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 .81

Article 14.3Section 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,shall include one person from the Union and representativesfrom appropriate Departments in the Postal Service . Notlater than 60 days following the effective date of thisNational Agreement, designated representatives of theUnion and Management will meet for the purpose ofdeveloping a comprehensive agenda which will include allaspects of the Employer's Safety Program and ErgonomicsProgram . Subsequent to the development of this agenda,priorities will be established and a tentative schedule will bedeveloped to insure full discussion of all topics . Meetingsmay also be requested by eitherparty for the specific purposeof discussing additional topics of interest within the scope ofthe Committees .The responsibility of the Safety and the ErgonomicsCommittees will be to evaluate and make recommendationson all 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 January2002 and 2003 the Employer will replenish the fund to itsoriginal amount . The Fund shall be supervised by the JointNational Labor-Management Safety Committee .Disbursement of the funds for any expenditures shall beauthorized by the chairperson of the Committee.82

Article 14 .3.CThe Chairman will be designated by the Employer . TheEmployer shall furnish the Union information relating toinjuries, illness and safety, including the morbidity andmortality experience of employees . This report shall be inform of reports furnished OSHA on a quarterly basis . TheHeadquarters level Committee will meet quarterly and theEmployer and Union Representatives will exchangeproposed agenda items two weeks before the scheduledmeetings . If problems or items of significant, national naturearise between scheduled quarterly meetings either party mayrequest a special meeting of the Committee . Either party willhave the right to be accompanied to any Committee meetingby technical advisors .B. There shall be established at the Employer's Arealevel, an Area Joint Labor-Management Safety Committee,which will be scheduled to meet quarterly . The Employerand Union Representatives will exchange proposed agendaitems two weeks before the scheduled meetings . If problemsor items of a significant Area nature arise between scheduledquarterly meetings, either party may request a specialmeeting of the Committee . Either party will have the right tobe accompanied to any Committee meeting by technicaladvisors . Representation on the Committee shall include oneperson from the Union and appropriate representatives fromthe Postal Service Area Office . The Chairman will bedesignated by the Employer .C. The Employer will make Health Service available forthe treatment of job related injury or illness where itdetermines they are needed . The Health Service will beavailable from any of the following sources : U.S . PublicHealth Service ; other government or public medical sourceswithin the area ; independent or private medical facilities orservices that can be contracted for ; or in the event funds,spaces and personnel are available for such purposes, theymay be staffed at the installation . The Employer willpromulgate appropriate regulations which comply with83

Article 14.4applicable regulations of the Office of Workers'Compensation Programs, including employee choice ofhealth 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 willbe established . In installations having fewer than 50employees, installation heads are encouraged to establishsimilar committees when requested by the Union . Where noSafety and Health Committee exists, safety and health itemsmay be placed on the agenda and discussed at labormanagementmeetings . There shall be equal representationon the Committee between the Union and management . Therepresentation on the Committee to be specificallydetermined by the Employer and the Union shall include oneperson from the Union, except in installations with two ormore APWU crafts where up to two persons may bedesignated by the Union, and appropriate managementrepresentatives . The Chairman will be designated by theEmployer .It is recognized that under some circumstances, the presenceof an additional employee employed at the installation willbe useful to the local Safety and Health Committee becauseof that 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,providing the time spent is a part of the employee's regularworkday .84

Section 5. Subjects for DiscussionArticle 14.8Individual 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 ofan installation have an opportunity to be represented . At thesame time, it is recognized that for the program to beeffective, it is desirable to provide for a continuity in thecommittee work from year to year. Therefore, except for theChairman and Secretary, the Committee members shallserve three-year terms and shall at the discretion of the Unionbe eligible to succeed themselves .Section 7. Local Committee MeetingsThe Safety and Health Committee shall meet at leastquarterly and at such other times as requested by aCommittee member and approved by the Chairman in orderto discuss significant problems or items . The meeting shallbe on official time . Each Committee member shall submitagenda items to the Secretary at least three (3) days prior tothe meeting . A member of the Health Unit will be invited toparticipate in the meeting of the Labor-Management Safetyand Health Committee when agenda item(s) relate to theactivities of the Health 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 may85

Article 14.8.Ainvestigate major accidents which result in disablinginjuries . Items properly relating to employee safety andhealth shall be considered appropriate discussion items .Upon a timely request, information or records necessary forthe local Safety and Health Committee to investigate real orpotential safety and health issues will be made available tothe Committee .In addition, the Committee shall promote the cause ofsafety and health in the installation by :1 . 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 safety precautions.Once such work assignments are identified, thecommittee will develop an on-the-job safety review/analysis (Form 1783) to document that an additionalperson will be used to avoid or minimize identifiedhazards.The Committee shall at its discretion render reports to theinstallation head and may at its discretion makerecommendations to the installation head for action on86

Article 14.8.Amatters concerning safety and health. The installation headshall within a reasonable period of time advise theCommittee that the recommended action has been taken oradvise the Headquarters Safety and Health Committee andthe President of the local Union as to why it has not . Anymember of the Committee may also submit a written reportto the Headquarters Safety and Health Committee in theevent the Committee'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 aSubcommittee 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 upto (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 DistributionCenter, Facility, BMC, or other installation with 100 or moreman years of employment in the regular work force, and ofan individual station or branch where the station or branchhas 100 or more man years of employment in the regularwork force, provided that the Union represents employees atthe main facility or station or branch and provided that the87

Article 14.8.13Union representative is domiciled at the main facility orstation or branch to be inspected . If the Union representativeto the local Safety and Health Committee is not domiciled atthe main facility or station or branch to be inspected and if theUnion represents employees at the main facility or station orbranch, at the Union's option, a representative from theCommittee may participate on the inspection (at noadditional cost for the Employer) or the Union may designatea representative domiciled at the main facility or station orbranch to be inspected to participate on the inspection . In nocase shall there be more than one (1) Union representative onsuch inspections .The Union representative from the local Safety and HealthCommittee may participate on the annual inspection of eachinstallation with less than 100 man years of employment inthe regular work force, where such Committee exists in theinstallation being inspected. In those installations that do nothave a Safety and Health Committee, the inspector shallafford the opportunity for an APWU bargaining unitemployee from that installation to accompany him/herduring these inspections .B . An appointed member of a local committee willreceive an 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, Customer88

Article 14.8 .1)Services to investigate a fatal or serious industrial noncriminalaccident and/or injury, the Union at the installationwill be advised promptly . When requested by the Union, arepresentative from the local Safety and Health Committeewill be permitted to accompany the board in itsinvestigation .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 in Postaland Area Bulletins .2 . Distribution of Publication 52 to employees whoseduties require acceptance of and handling hazardousor 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; cleanupand disposal requirements for hazardous materials .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 made availableto employees who are exposed to spills and breakageof hazardous materials .89

Article 15.1Section 9. Field Federal Safety and Health CouncilsIn those cities where Field Federal Safety and HealthCouncils exist, one representative of the Union who is on theLocal Safety 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 asoutlined above will be granted at the applicable straight timerate, provided the time spent in such meetings is a part of theemployee's regular work day .(The preceding Article, Article 14, shall apply toTransitional Employees)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 isnot limited to, the complaint of an employee or of the Unionwhich involves the interpretation, application of, orcompliance with the provisions of this Agreement or anylocal Memorandum of Understanding not in conflict withthis Agreement .Section 2.Grievance Procedure StepsStep 1:(a) Any employee who feels aggrieved must discuss thegrievance with the employee's immediate supervisor within90

Article 15 .2 (Step 1)fourteen (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 Unionalso may initiate a grievance at Step 1 within 14 days of thedate the Union first became aware of (or reasonably shouldhave become aware ofd the facts giving rise to the grievance .In such case the participation of an individual grievant is notrequired . A Step 1 Union grievance may involve a complaintaffecting more than one employee in the office . When theUnion files a class action grievance, Management willdesignate the appropriate employer representative responsiblefor handling such 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 orwithdraw 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 thereasons for the decision . The supervisor's decision should bestated during the discussion, if possible, but in no event shallit be given to the Union representative (or the grievant, if noUnion representative was requested) later than five (5) daysthereafter unless the parties agree to extend the five (5) dayperiod . Within five (5) days after the supervisor's decision,the supervisor shall, at the request of the Unionrepresentative, initial the standard grievance form that isused at Step 2 confirming the date upon which the decisionwas 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 appeal91

Article 15 .2 (Step 2)shall be made by completing a standard grievance formdeveloped by agreement of the parties, which shall includeappropriate space for at least the following :1 . Detailed statement of facts ;2 . Contentions of the grievant ;3 . Particular contractual provisions involved ; and4 . Remedy sought .Step 2:(a) The standard grievance form appealing to Step 2 shallbe filed with the installation head or designee. In anyassociate post office of twenty (20) or less employees, theEmployer shall designate an official outside of theinstallation as the Step 2 official, and shall so notify theUnion Step 1 representative .(b) Any grievance initiated at Step 2, pursuant to Article 2or 14 of this Agreement, must be filed within 14 days of thedate on 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 aspossible, but no later than seven (7) days following receipt ofthe Step 2 appeal unless the parties agree upon a later date . Inall grievances appealed from Step 1 or filed at Step 2, thegrievant shall be represented in Step 2 for all purposes by asteward or a Union representative who shall have authorityto settle or withdraw the grievance as a result of discussionsor compromise in this Step . The installation head or designeein Step 2 also shall have authority to grant or settle thegrievance in whole or in part .92

Article 15 .2.(Step2).(g)(d) At the meeting the Union representative shall make afull and 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 allnecessary facts, including the exchange of copies of allrelevant papers or documents in accordance with Article 31 .The parties' representatives may mutually agree to jointlyinterview witnesses where desirable to assure fulldevelopment of all facts and contentions . In addition, incases involving discharge either party shall have the right topresent no more than two witnesses . Such right shall notpreclude the parties from jointly agreeing to interviewadditional 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 theparties 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 unlessthe parties agree to extend the ten (10) day period . Thedecision shall include a full statement of the Employer'sunderstanding of (1) all relevant facts, (2) the contractualprovisions involved, and (3) the detailed reasons for denialof 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) daysof receipt of the Step 2 decision, transmit to the Employer'srepresentative a written statement setting forth corrections or93

Article 15 .2 .(Step 3)additions deemed necessary by the Union . Any suchstatement must be included in the file as part of the grievancerecord in the case . The filing of such corrections or additionsshall not affect the time limits for appeal to Step 3 orarbitration .(h) The Union may appeal an adverse Step 2 decision toStep 3 . Any such appeal must be made within fifteen (15)days after receipt of the Employer's decision unless theparties' representatives agree to extend the time for appeal .However, the Union may appeal an adverse Step 2 decisiondirectly to arbitration for disciplinary grievances or contractgrievances which involve the interpretation, application of,or compliance with the provisions of any local Memorandumof Understanding not in conflict with this Agreement, andthose issues the parties have agreed are appealed toExpedited Arbitration . These grievances will be appealed tothe appropriate Grievance/Arbitration Processing Centerwithin thirty (30) days after the receipt of the Employer'sStep 2 decision . Any appeal must include copies of (1) thestandard grievance form, (2) the Employer's written Step 2decision, and, if filed, (3) the Union corrections or additionsto the Step 2 decision .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' representativesto discuss the grievance shall be held within fifteen (15) daysafter it has been appealed to Step 3 . Each party'srepresentative shall be responsible for making certain that all94

Article 15 .2 .(Step 3)relevant 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 togrant the grievance in whole or in part . In any case where theparties' representatives mutually conclude that relevant factsor contentions were not developed adequately in Step 2, theyshall have authority to return the grievance to the Step 21eve1for full development of all facts and further consideration atthat level . In such event, the parties' representatives at Step 2shall meet within seven (7) days after the grievance isreturned to Step 2. Thereafter, the time limits and proceduresapplicable to Step 2 grievances shall apply .(c) The Employer's written Step 3 decision on thegrievance shall be provided to the Union's Step 3representative within fifteen (15) days after the parties havemet in Step 3, unless the parties agree to extend the fifteen(15) day period . Such decision shall state the reasons for thedecision in detail and shall include a statement of anyadditional facts and contentions not previously set forth inthe record of the grievance as appealed from Step 2 . If eitherparty's Step 3 representative believes that an interpretiveissue under the National Agreement or some supplementthereto which may be of general application is involved inthe case, the issue will be discussed with the appropriateNational Union/Management Representatives at theHeadquarters Level . If either party's National Representativedetermines the issue to be interpretive, a written notice willbe sent to the other party specifying in detail the facts givingrise to the dispute, the precise interpretive issues to bedecided and the initiating party's contention . Thegrievance(s) shall be held at the Area and/or District Levelpending discussion at the national level or the outcome of aNational Arbitration award .(d) The Union may appeal an adverse decision directly toarbitration at the appropriate Grievance/Arbitration Process-95

Article 15 .2 .(Step 3)ing Center within twenty-one (21) days after the receipt ofthe Employer's Step 3 decision in accordance with theprocedure hereinafter set forth .(e) Where grievances appealed to Step 3 involve the same,or substantially similar issues or facts, one such grievance tobe 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 pendingresolution of the "representative" grievance, provided theywere timely filed at Step 1 and properly appealed to Steps 2and 3 in accordance with the grievance procedure .Following resolution of the "representative" grievance, theparties involved in that grievance shall meet at Step 3 toapply the resolution to the other pending grievancesinvolving the same, or substantially similar issues or facts .Disputes over the applicability of the resolution of the"representative" grievance shall be resolved through thegrievance-arbitration procedures contained in this Article ; inthe event it is decided that the resolution of the"representative" grievance is not applicable to a particulargrievance, 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 Areawidepolicy, instructions, or guidelines, the APWU RegionalCoordinator or National Business Agent may file onegrievance concerning such policy, instructions, or guidelines,directly at Step 3 of the grievance procedure . The grievance96

Article 15 .2 .(Step 4)may be filed within fourteen (14) days of the date on whichsuch union representative first learned or may reasonablyhave been expected to have learned of the implementation ofsuch policy, instructions, or guidelines . Timely localgrievances, which had already been filed concerning suchpolicy, instructions, or guidelines, will be held at or returnedto Step 2 of the grievance procedure, as applicable, pendingthe resolution of the grievance filed directly at Step 3 .Thereafter, local grievances will be finally adjudicated inaccordance with the resolution of the grievance filed directlyat Step 3 . If not resolved, the grievance filed directly at Step3 may be appealed to arbitration within twenty-one (21) daysand placed at the head of the appropriate arbitration docket .Step 4 :(a) In any dispute properly initiated at this Step by theappropriate National Union/Management Representative,the parties shall meet at the National level promptly, but in noevent later than thirty (30) days after initiating such disputein an 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 representativeshall have authority to grant or settle the dispute in whole orin part . The parties' Step 4 representatives may, by mutualagreement, return any dispute to Step 3 where (a) the partiesagree that no national interpretive issue is fairly presented or(b) it appears that all relevant facts have not been developedadequately . In such event, the parties shall meet at Step 3within fifteen (15) days after the dispute is returned to Step 3 .Thereafter the procedures and time limits applicable to Step3 grievances shall apply. Should the parties at the Nationallevel fail to reach agreement, then within fifteen (15) days ofsuch meeting each party shall provide the other with astatement in writing of its understanding of the issuesinvolved, and the facts giving rise to the interpretive dispute .In the event the parties have failed to reach agreement within97

Article 15 .3sixty (60) days of the initiation of the dispute, the Union thenmay appeal it to national arbitration within thirty (30) daysthereafter . Any local grievances filed on the specificinterpretive issue shall be held in abeyance at the appropriatelevel pending resolution of the national interpretive dispute .Section 3. Mediation[see Memo, page 316]Where the local parties identify the need for either assistancein the grievance/arbitration procedure or the need to improvethe labor/management relationship, the following mediationprocess may be invoked :A. The local installation head and the local Unionpresident (local parties) may jointly initiate a request formediation where they identify such a need in a particularinstallation . Such joint request must be in writing andsubmitted to the parties' designated Area/Regional levelrepresentatives .B . Such Area/Regional level representatives may alsorecommend mediation for a particular installation .However, when a recommendation for mediation is made bythe Area/Regional level representatives, suchrecommendation must be discussed with and agreed to by thelocal parties before the mediation process can be invoked atthe 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 .Such designated union/management mediationrepresentatives will be utilized to assist the local parties in aneffort to resolve timely grievances, as defined in Article 15,98

Article 15 .3 .FSections 1 and 2, as well as any identified local issues orproblems .D. The designated union/management mediationrepresentatives will meet at the local installation within thirty(30) days of the joint mediation request, which is describedin Section 3.A or B above . At least seven (7) days prior to theon-site meeting, the local parties will jointly provide themediation representatives with an agenda and all availablerelevant information . In the event the local parties cannotagree on an agenda for mediation, each party will submittheir respective agendas to the mediation representativesseven (7) days prior to the on-site meeting, as well as allavailable relevant information .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 resolutionswill be on the record, in writing and jointly signed by thelocal parties . Where the local parties agree, a particularmediation resolution(s) will serve as precedent for thatinstallation, provided such resolution does not violate theNational Agreement .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 willprovide to the appropriate Union official a statement ofposition for each grievance(s) listed on the agenda, which isnot resolved through mediation, within fifteen (15) days ofthe final mediation meeting . Within twenty-one (21) days of99

Article 15.4receipt of the statement of position, the Union may appealsuch grievance(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 timelycompliance and payment of monetary grievancesettlements and arbitration awards . The Employeragrees that upon receipt of necessary paperwork fromthe grievant and/or union, concerning a grievancesettlement or arbitration award, monetary remunerationwill be made. The necessary paperwork is the documentsand statements specified in Subchapter 436.4 of theELM. The Employer will provide the union copies ofappropriate pay adjustment forms, includingconfirmation that such forms were submitted to theappropriate postal officials for compliance and thataction has been taken to ensure that affected employee(s)receives payment and/or other benefits. In the event thatan employee is not paid within sixty (60) days aftersubmission of all the necessary paperwork, suchemployee, upon request, will be granted authorizationfrom management to receive a pay advance equal to thenet amount due, or seventy (70) percent of the grosspayment owed the employee, whichever is less. In theevent of a dispute between the parties concerning thecorrect amount to be paid, the advance required by thissection will be the amount that is not in dispute.B . The failure of the employee or the Union in Step 1, orthe Union thereafter to meet the prescribed time limits of theSteps of this procedure, including arbitration, shall beconsidered as a waiver of the grievance . However, if the100

Article 15.5.AEmployer fails to raise the issue of timeliness at Step 2, or atthe step at which the employee or Union failed to meet theprescribed time limits, whichever is later, such objection tothe processing of the grievance is waived.C. Failure by the Employer to schedule a meeting orrender a decision in any of the Steps of this procedure withinthe time herein provided (including mutually agreed toextension periods) shall be deemed to move the grievance tothe next Step of the grievance-arbitration procedure .D. 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 41eve1by either party . Such a dispute shall be initiated in writingand must specify in detail the facts giving rise to the dispute,the precise interpretive issues to be decided and thecontention of either party . Thereafter the parties shall meet inStep 4 within thirty (30) days in an effort to define the preciseissues involved, develop all necessary facts, and reachagreement . Should they fail to agree, then, within fifteen (15)days of such meeting, each party shall provide the other witha statement in writing of its understanding of the issuesinvolved, and the facts giving rise to such issues . In the eventthe parties have failed to reach agreement within sixty (60)days of the initiation of the dispute in Step 4, the Union thenmay appeal it to arbitration, within thirty (30) days thereafter .Any local grievances filed on the specific interpretive issueshall be held in abeyance at the appropriate level pendingresolution of the national interpretive dispute .Section 5. ArbitrationA. General Provisions1 . A request for arbitration shall be submitted withinthe specified time limit for appeal .101

Article 15 .5.A .22 . No grievance may be arbitrated at the National levelexcept when timely notice of appeal is given theEmployer in writing by the National President of theUnion. No grievance may be appealed to arbitrationat the District panel level except when timely noticeof appeal is given in writing to the appropriatemanagement official at the Grievance/ArbitrationProcessing Center by the certified representative ofthe Union in the Area . Such representative shall becertified to appeal grievances by the NationalPresident of the Union to the Employer at theNational level .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 functions necessaryto assure efficient scheduling and hearing of casesby 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, when available,are to be scheduled for each hearing date . Inaddition, pending cases on the docket in the order inwhich appealed should be assigned to the designatedadvocates no less than sixty (60) days prior to thescheduled date and, if possible, the parties willdiscuss the cases no less than thirty (30) days prior tothe scheduled date . The parties agree that backupcases will include all cases pending arbitration at thelocation . These backup cases will be scheduled inthe order they appear on the District docket whenavailable in the event of late settlement orwithdrawal of grievances before the hearing . In theevent that either party withdraws all cases less than102

Article 15 .5.A.6five (5) days prior to the scheduled arbitration date,and the parties are unable to agree on schedulingother cases on that date, the party withdrawing thecases shall pay the full costs of the arbitrator for thatdate . In the event that the parties settle and/orwithdraw all cases five (5) or more days prior to thescheduled arbitration date, backup cases on theappropriate arbitration list shall be scheduled . If theparties settle cases less than five (5) days prior to thescheduled arbitration 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 .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 .All decisions of an arbitrator will be final andbinding . All decisions of arbitrators shall be limitedto the terms and provisions of this Agreement, and inno 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 an arbitratorwill be shared equally by the parties .103

Article 15 .5.A .77 . 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 .8 . Arbitrators on the National Panel and on the Regularand Expedited District Panels shall be selected bythe method agreed upon by the parties at theNational Level .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 the costof such arbitration equally with any or all otherUnion parties to such proceeding . Any dispute as toarbitrability may be submitted to the arbitrator andbe determined by such arbitrator. The arbitrator'sdetermination shall be final and binding .B. District Level Arbitration - RegularAtthe appropriate Grievance/Arbitration ProcessingCenter four (4) separate lists of cases to be heard inarbitration shall be maintained for the Union : (a) onefor all removal cases and cases involvingsuspensions for more than 14 days or 14 days or lessreferred from Expedited Arbitration, (b) one for allcases referred to Expedited Arbitration, (c) one forContract disputes, and (d) one for Impasses fromLocal Negotiations appealed to arbitration at theappropriate Grievance/Arbitration ProcessingCenter . In each District separate panels will beestablished for scheduling and hearing casesinvolving (a) removals and suspensions for morethan 14 days, and suspensions of 14 days or lessreferred from Expedited Arbitration ; (b) Contract104

Article 15.5 .B .5disputes, (c) cases referred to Expedited Arbitration,and (d) Impasses from Local Negotiations .a .Arbitration hearings are to be scheduled andheard within 120 days following receipt of thearbitration appeal, unless the parties agreeupon a later date .[see Memo, page 317]2 . Cases will be scheduled for arbitration in the order inwhich 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,advance one case per month to the top of thedocket .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 311]4 . Cases referred to arbitration, which involveremovals or suspensions for more than 14 days, shallbe 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 to RegularArbitration involves an interpretative issue underthe National Agreement or some supplement theretowhich may be of general application, that party'srepresentative shall request input from theirappropriate National Representative at the105

Article 15.5 .B .5Headquarters 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'representatives determine the case does not involvean interpretive issue, the case if already scheduledfor arbitration will be heard before the samearbitrator who was originally scheduled to hear thecase . Further, if the hearing had convened, the casewill continue at the same stage of arbitration .[see Memo, page 316]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 .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 its understandingof the facts and issues and its argument at thebeginning of the hearing and also shall be given anadequate opportunity to present argument at theconclusion of the hearing .8 . The arbitrator in any given case should render an106

Article 15 .5.C .3award therein within thirty (30) days of the close ofthe record in the case .C. 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 311]2 . If either party concludes that the issues involved areof 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 issues involvedare of such complexity or significance as towarrant reference to the Regular DistrictArbitration Panel, the case shall be referred tothat panel; and107

Article 15 .5.C .3.fthe arbitrator may issue a bench decision at thehearing but in any event shall render a decisionwithin forty-eight (48) hours after conclusionof the hearing . Such decision shall be based onthe record before the arbitrator and mayinclude a brief written explanation of the basisfor such conclusion . These decisions will notbe cited as a precedent . The arbitrator'sdecision shall be final and binding . Anarbitrator who issues a bench decision shallfurnish 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 system basis,unless otherwise agreed by the parties . Cases on thedocket will be scheduled for arbitration in the orderin which appealed, unless the Union and Employerotherwise agree .108

Section 6. AdministrationArticle 16.1The parties recognize their continuing joint responsibility forefficient functioning of the grievance procedure andeffective use of arbitration . Commencing April 1, 1979, andquarterly thereafter, the Employer will furnish to thePresident of the Union a copy of a quarterly report containingthe following information covering operation of thearbitration procedure at the National level, and for eachGrievance/Arbitration Processing Center separately :(a) number of cases appealed to arbitration ;(b) number of cases scheduled for hearing ;(c) number of cases heard;(d) number of scheduled hearing dates, if any, whichwere not used ;(e) the total number of cases pending but not scheduled atthe end of the quarter .(The preceding Article, Article 15,Transitional Employees)shall apply to[see Memo, page 317]Section 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,109

Article 16.1insubordination, pilferage, intoxication (drugs or alcohol),incompetence, failure to perform work as requested,violation of the terms of this Agreement, or failure to observesafety rules and regulations . Any such discipline ordischarge shall be subject to the grievance-arbitrationprocedure provided for in this Agreement, which couldresult in reinstatement and restitution, 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 supervisorand/or the employee making a personal notation of the dateand subject matter for their own personal record(s).However, no notation or other information pertaining to suchdiscussion shall be included in the employee's personnelfolder . While such discussions may not be cited as anelement of prior adverse record in any subsequentdisciplinary action against an employee, they may be, whererelevant and timely, relied upon to establish that employeeshave been made aware of their obligations andresponsibilities .Section 3. Letter of WarningA letter of warning is a disciplinary notice in writing,identified as an official disciplinary letter of warning, whichshall include an explanation of a deficiency or misconduct tobe corrected .Section 4. Suspensions of 14 Days or LessIn the case of discipline involving suspensions of fourteen(14) days or less, the employee against whom disciplinary110

Article 16.5action is sought to be initiated shall be served with a writtennotice of the charges against the employee and shall befurther informed that he/she will be suspended after ten (10)calendar days during which ten-day period the employeeshall remain on the job or on the clock (in pay status) at theoption of the Employer . However, if a timely grievance isinitiated, the effective date of the suspension will be delayeduntil disposition of the grievance, either by settlement or anarbitrator's final and binding decision . The employee shallremain on the j ob or on the clock (in pay status) at the optionof 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(non-pay status) until disposition of the case has been hadeither by settlement with the Union or through exhaustion ofthe grievance-arbitration procedure . A preference eligiblewho chooses to appeal a suspension of more than fourteen(14) days or his/her discharge to the Merit SystemsProtection Board (MSPB) rather than through the grievancearbitrationprocedure shall remain on the rolls (non-paystatus) until disposition of the case has been had either bysettlement or through exhaustion of his/her MSPB appeal .When there is reasonable cause to believe an employee isguilty of a crime for which a sentence of imprisonment canbe imposed, the Employer is not required to give theemployee the full thirty (30) days advance written notice in adischarge action, but shall give such lesser number of daysadvance written notice as under the circumstances isreasonable and can be justified . The employee is111

Article 16.6immediately removed from a pay status at the end of thenotice period .Section 6. Indefinite Suspension Crime SituationA. The Employer may indefinitely suspend an employeein those cases where the Employer has reasonable cause tobelieve an employee is guilty of a crime for which a sentenceof imprisonment can be imposed . In such cases, theEmployer is not required to give the employee the full thirty(30) days advance notice of indefinite suspension, but shallgive such lesser number of days of advance written notice asunder the circumstances is reasonable and can be justified .The employee is immediately removed from a pay status atthe end of the notice period .B . The just cause of an indefinite suspension isgrievable . The arbitrator shall have the authority to reinstateand make the employee whole for the entire period of theindefinite suspension .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 .D. 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 ofthe employee . Such action must be for just cause, and issubject to the requirements of Section 5 of this Article .112

Section 7. Emergency ProcedureArticle 16.9An employee may be immediately placed on an off-dutystatus (without pay) by the Employer, but remain on the rollswhere the allegation involves intoxication (use of drugs oralcohol), pilferage, or failure to observe safety rules andregulations, or in cases where retaining the employee on dutymay result in damage to U.S . Postal Service property, loss ofmail or funds, or where the employee may be injurious to selfor others . The employee shall remain on the rolls (non-paystatus) until disposition of the case has been had . If it isproposed to suspend such an employee for more than thirty(30) days or discharge the employee, the emergency actiontaken under this Section may be made the subject of aseparate 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 bythe installation 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 installationor post office before any proposed disciplinary action istaken .Section 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 grievance-113

Article 16.10arbitration procedure beyond step 3 under any of thefollowing circumstances :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 the MSPBhas begun .3 . If the MSPB issues a decision on the merits of theappeal .B . In the event the grievance of a preference eligible isdue to be scheduled in accordance with Article 15, section 5,and the preference eligible has a live MSPB appeal on thesame action, 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.A1, 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 NationalAgreement for the period from the date the case would havebeen scheduled for arbitration and the date it is actuallyscheduled for arbitration .Section 10 . Employee Discipline RecordsThe records of a disciplinary action against an employeeshall not be considered in any subsequent disciplinary actionif there has been no disciplinary action initiated against theemployee for a period of two years .Upon the employee's written request, any disciplinary noticeor decision letter will be removed from the employee'sofficial personnel folder after two years if there has been nodisciplinary action initiated against the employee in that twoyearperiod .114

Article 17 .2(Additional provisions regarding the discipline or removalof Transitional Employees can be found in Appendix A.)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 stewardis appointed, one shall be designated chief steward . Theselection and appointment of stewards or chief stewards isthe sole and exclusive function of the Union . Stewards willbe certified to represent employees in specific worklocation(s) on their tour; provided no more than one stewardmay be certified to represent employees in a particular worklocation(s) . The number of stewards certified shall notexceed, but may be less than, the number provided by theformula hereinafter set forth .Employees 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 stewardsplus additional stewardfor each 100 employees115

Article 17 .3B . At an installation, the Union may designate in writingto the Employer one Union officer actively employed at thatinstallation to act as a steward to investigate, present andadjust a specific grievance or to investigate a specificproblem to determine whether to file a grievance . Theactivities of such Union officer shall be in lieu of a stewarddesignated under the formula in Section 2.A and shall be inaccordance with Section 3 . Payment, when applicable, shallbe in accordance with Section 4 .C . To provide steward service to installations withtwenty or less craft employees where the Union has notcertified a steward, a Union representative certified to theEmployer in writing and compensated by the Union mayperform the duties of a steward .D. At the option of the Union, representatives not on theEmployer's payroll shall be entitled to perform the functionsof a steward or chief steward, provided such representativesare certified 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 theEmployer in writing . Any steward designations across craftlines must be in accordance with the formula set forth inSection 2 .A above .(The preceding Section, Article 17 .2, shall apply toTransitional Employees .)Section 3. Rights of StewardsWhen it is necessary for a steward to leave his/her work areato investigate and adjust grievances or to investigate aspecific problem to determine whether to file a grievance, the116

Article 17 .3steward shall request permission from the immediatesupervisor and such request shall not be unreasonablydenied .In the event the duties require the steward leave the work areaand enter another area within the installation or post office,the steward must also receive permission from the supervisorfrom the other area he/she wishes to enter and such requestshall not be unreasonably denied .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 employeemay not be involuntarily transferred to another tour, toanother station or branch of the particular post office or toanother independent post office or installation unless there isno job for which the employee is qualified on such tour, or insuch station or branch, or post office .If an employee requests a steward or Union representative tobe present during the course of an interrogation by theInspection Service, such request will be granted . Allpolygraph tests will continue to be on a voluntary basis .(The preceding Section, Article 17 .3,Transitional Employees)shall apply to[see Memo, page 313]117

Article 17.4Section 4. Payment of StewardsThe Employer will authorize payment only under thefollowing conditions :Grievances :Steps 1 and 2 - The aggrieved and one Union steward- (only as permitted under theformula in Section 2.A) for timeactually spent in grievance handling,including investigation and meetingswith the Employer . The Employerwill also compensate a steward for thetime reasonably necessary to write agrievance. In addition, the Employerwill compensate any witnesses for thetime required to attend a Step 2meeting .Meetings called by the Employer for informationexchange and other conditions designated by theEmployer concerning contract application .Employer authorized payment as outlined above will begranted at the applicable straight time rate, providing thetime spent 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 .4Transitional Employees)shall apply toSection 5. Joint Labor-Management CommitteeMeetingsA. The APWU through its designated agents shall beentitled at the national, APWU regional/USPS Area, andlocal levels, and at such other intermediate levels as may be118

Article 17 .5.13appropriate, to participate in regularly scheduled Joint LaborManagement Committee meetings for the purpose ofdiscussing, exploring, and considering with managementmatters of mutual concern ; provided neither party shallattempt to 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-ManagementCommittee will be co-chaired by the President of the APWUand the Postal Service Vice-President of Labor Relations andbe comprised of an equal number of representatives for eachparty as agreed by the parties . This Committee will meet asneeded, but no less than once every two months to fulfill thepurposes and goals described 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 enhance apositive working relationship and advance labormanagementcooperation between the parties ;2. Jointly pursue strategies which emphasize improvingemployee working conditions and satisfying thecustomer in terms of service and costs ;3. Work together to seek ways of improving customerservice, increasing revenue, and reducing postalcosts ; and,4. Provide an opportunity to jointly discuss new PostalService initiatives during their development,inasmuch as those initiatives might impact onemployees or as they might relate to employee119

Article 17 .5.Cworking conditions . These discussions may include,but are not limited to, the creation of new positiondescriptions ; modifications to facilities ; technologicaland mechanization changes ; automationimplementation ; and the development of newfacilities and designs .C . As needed, the national level Joint Labor-Management Committee, through mutual agreement, willcreate subcommittees to deal with specific issues . All othernational level committees established pursuant to the termsof this Agreement, including Safety & Health, Ergonomicsand Training, shall function as subcommittees of the nationallevel Joint Labor-Management Committee . Allsubcommittees already established or created by the nationallevel Joint Labor-Management Committee will report tosuch Committee, as necessary, on their specific issues ofconcern and provide updated information .D. In order to further recognize and effect Union/Management cooperation, there will be four national levelcraft subcommittees created, one for each APWU craft, forthe purpose of jointly addressing specific issues of contractadministration for each such craft . These subcommitteeswill be co-chaired by the APWU Craft Directors of each craftand the Postal Service Manager of Contract Administrationor his/her designee . At the Union's request, the appropriateoperational manager will attend meetings to address theUnion's concerns or respond to questions on specificoperational issues . Neither party shall attempt tochange,addor vary the terms of this collective bargaining agreementthrough these subcommittees .E. Meetings at the national and APWU/regional USPSArea (except as to the Christmas operation) levels will not becompensated by the Employer. The Employer willcompensate one designated representative from the Unionconcerned with the subject matter of the meeting for actual120

Article 17 .7time spent in the meeting at the applicable straight time rate,providing the time spent in such meetings is a part of theemployee's regular scheduled work day .Section 6. Union Participation in New EmployeeOrientationDuring the course of any employment orientation programfor new employees, a representative of the Unionrepresenting the craft or occupational group to which thenew employees are assigned shall be provided ampleopportunity to address such new employees, provided thatthis provision does not preclude the Employer fromaddressing employees concerning the same subject .Health benefit enrollment information and forms will not beprovided during orientation until such time as arepresentative of the Union has had an opportunity to addresssuch new employees .(The preceding Section, Article 17 .6,Transitional Employees)shall apply toSection 7. Dues CheckoffA. In conformity with Section 2 of the Act, 39 U.S .C .1205, without cost to the Union, the Employer shall deductand remit to the Union the regular and periodic Union duesfrom the pay of employees as instructed in writing by theUnion and the employee, which written assignment by theemployee shall be irrevocable for a period of not more thanone (1) year. The parties agree that the Union will have soleresponsibility for and control over dues withholding andrevocation . The Union must provide the Postal Service withwithholding and revocation information in a format andwithin time periods acceptable to the Postal Service . TheEmployer agrees to remit to the Union all deductions towhich it is entitled fourteen (14) days after the end of the pay121

Article 17 .7.13period for which such deductions are made . Deductions shallbe in such amounts as are designated to the Employer inwriting by the Union.B . The authorization of such deductions shall be made inaccordance with the terms of Standard Form 1187 .Revocation of authorization shall be made in accordancewith the terms of Standard Form 1186 .C . Notwithstanding the foregoing, employees' duesdeduction authorizations (Standard Form 1187) which arepresently on file with the Employer on behalf of the Unionparty to this Agreement, shall continue to be honored andgiven full force and effect by the Employer unless and untilrevoked in accordance 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 otherliability (including attorney's fees incurred by the PostalService), which may arise out of any actions taken by thePostal Service required by the terms of this Article or inreliance upon instructions provided by the Union inconnection with the Union's operation and control over saiddues 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 .In addition the Employer agrees without cost to the employeeto make payroll deductions on behalf of such organization asthe Union 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 toTransitional Employees)122

Section 8. Policy on TelephonesArticle 18 .2The 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 agreesthat, a steward or the employee shall be given the opportunityto be present at any inspection of employees' lockers, exceptin matters 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 notapplicable .ARTICLE 18NO STRIKESection 1. Statement of PrincipleThe Union in behalf of its members agree that it will notcall or sanction a strike or slowdown .Section 2. Union ActionsThe Union or its local Unions (whether called locals or byother names) will take reasonable action to avoid suchactivity and where such activity occurs, immediately informstriking employees they are in violation of this Agreementand order said employees back to work .Section 3. Union LiabilityIt is agreed that the Union or its local Unions (whether called123

Article 19locals or by other names) which comply with therequirements of this Article shall not be liable for theunauthorized action of their members or other postalemployees .Section 4. Legal ImpactThe parties agree that the provisions of this Article shall notbe used in any way to defeat any current or future legal actioninvolving the constitutionality of existing or futurelegislation prohibiting Federal employees from engaging instrike actions . The parties further agree that the obligationsundertaken in this Article are in no way contingent upon thefinal determination of such constitutional issues .(The preceding Article, Article 18, shall apply toTransitional Employees)ARTICLE 19HANDBOOKS AND MANUALSThose parts of all handbooks, manuals and publishedregulations of the Postal Service, that directly relate towages, hours or working conditions, as they apply toemployees covered by this Agreement, shall contain nothingthat conflicts with this Agreement, and shall be continued ineffect except that the Employer shall have the right to makechanges that are not inconsistent with this Agreement andthat are fair, reasonable, and equitable. This includes, but isnot limited to, the Postal Service Manual and the F-21,Timekeeper's Instructions .Notice of such proposed changes that directly relate towages, hours, or working conditions will be furnished to theUnion at the national level at least sixty (60) days prior toissuance . The Employer shall furnish the Union with thefollowing information about each proposed change : a124

Article 19narrative explanation of the purpose and impact onemployees and any documentation concerning theproposed change from the manager(s) who requested thechange addressing its purpose and effect. Proposedchanges will be furnished to the Union by hard copy or, ifavailable, by electronic file . At the request of the Union, theparties 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 changeand its impact on employees. If the Union, after themeeting, believes the proposed changes violate the NationalAgreement (including this Article), it may then submit theissue to arbitration in accordance with the arbitrationprocedure within ninety (90) days after receipt of the noticeof proposed change . Within fifteen (15) days after the issuehas been submitted to arbitration, each party shall providethe other with a statement in writing of its understanding ofthe precise issues involved, and the facts giving rise to suchissues . Copies of those parts of all new handbooks, manualsand regulations that directly relate to wages, hours orworking conditions, as they apply to employees covered bythis Agreement, shall be furnished to the Union uponissuance .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 transitional employees only to the extentconsistent with other rights and characteristics of transitionalemployees negotiated in this Agreement and otherwise asthey apply to the supplemental work force . The Employershall have the right to make changes to handbooks, manualsand published regulations as they relate to transitionalemployees pursuant to the same standards and proceduresfound in Article 19 of this Agreement.125

Article 20ARTICLE 20PARKINGSection 1. National Study CommitteeThe existing parking program will remain in effect . Thereshall be established at the national level, as a subcommitteeof the national Joint Labor-Management Committee, aNational Study Committee on Parking in order to improvethe parking program at existing facilities and to recommendsuch programs 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 thespecific needs of the individual location, to safeguardemployee security, including, but not limited to, establishingliaison with local police authorities, requesting theassignment of additional uniformed 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 ofparking spaces ; security and lighting in the parking areas aswell as similar subjects are proper agenda items for suchmeetings . The local Labor-Management Committee maymake recommendations to the installation head concerningsuch subjects .(The preceding Article, Article 20, shall apply toTransitional Employees)126

ARTICLE 21BENEFIT PLANSArticle 21 .1Section 1. Health BenefitsThe 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 calculatethe subscription charges under the FEHBP that will be ineffect the following January with respect to self onlyenrollments and self and family enrollments .B . The bi-weekly Employer contribution for self only andself and family plans is adjusted to an amount equal to 85%of the weighted average bi-weekly premiums under theFEHBP as determined by the Office of PersonnelManagement . The adjustment begins on the effective datedetermined by the Office of Personnel Management inJanuary 2002, January 2003 and January 2004.C. 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 coveredby the FEHBP as determined by the Office of PersonnelManagement .D . The amount necessary to pay the total charge forenrollment after the Employer's contribution is deductedshall be withheld from the pay of each enrolled employee .To the extent permitted by law, the Employer shall permitemployees covered by this Agreement to make theirpremium contributions to the cost of each plan on a pre-taxbasis, and shall extend eligibility to such employees for theU.S . Postal Service's flexible spending account plans for127

Article 21 .2unreimbursed health care expenses and work-relateddependent child care and elder care expenses as authorizedunder Section 125 of the Internal Revenue Code .E. The limitation upon the Employer's contributiontowards any individual employee shall be 88 .75% of thesubscription charge under the FEHBP in 2002, 2003 and2004 .(Additional provisions regarding TE participation in FederalEmployee Health Benefits program can be found inAppendix A) .Section 2. Life InsuranceThe Employer shall maintain the current life insuranceprogram in effect during the term of this Agreement.Section 3. RetirementThe provisions of Chapters 83 and 84 of Title 5 U.S . Code,and any amendments thereto, shall continue to apply toemployees covered by this Agreement .Section 4. Injury CompensationEmployees covered by this Agreement shall be covered bysubchapter I 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 ofWorkers' Compensation Programs and any amendmentsthereto .Section 5. Health Benefit BrochuresWhen a new employee who is eligible for enrollment in theFederal Employee's Health Benefit Program enters the128

Article 23Postal Service, the employee shall be furnished a copy of theHealth Benefit Plan brochure of the Union signatory to thisAgreement which represents the craft in which the employeeis to be employed .ARTICLE 22BULLETIN BOARDSThe Employer shall furnish separate bulletin boards for theexclusive use of the Union party to this Agreement, subjectto the conditions stated herein, if space is available . Ifsufficient space is not available, at least one will be providedfor the Union signatory to this Agreement. The Union mayplace their literature racks in swing rooms, if space isavailable . Only suitable notices and literature may be postedor placed in literature racks . There shall be no posting orplacement of literature in literature racks except upon theauthority of officially designated representatives of theUnion .(The preceding Article, Article 22,Transitional Employees)shall apply toARTICLE 23RIGHTS OF UNION OFFICIALS TO ENTERPOSTAL INSTALLATIONSUpon reasonable notice to the Employer, duly authorizedrepresentatives of the Union shall be pennitted 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 representativesshall adhere to the established security regulations .(The preceding Article, Article 23,Transitional Employees)shall apply to129

Article 24ARTICLE 24EMPLOYEES ON LEAVE WI'1H REGARD TOUNION BUSINESSSection 1.Continuation of BenefitsAny employee on leave without pay to devote full or parttimeservice to the Union signatory to this Agreement shallbe credited with step increases as if in a pay status .Retirement benefits will accrue on the basis of theemployee's step so attained, provided the employee makescontributions to the retirement fund in accordance withcurrent procedure . Annual and sick leave will be earned inaccordance with existing procedures based on hoursworked.Section 2. Leave for Union ConventionsA. Full or part-time employees will be granted annualleave or leave without pay at the election of the employee toattend National, State and Regional Union Conventions(Assemblies) provided that a request for leave has beensubmitted by the employee to the installation head as soon aspracticable and provided that approval of such leave does notseriously adversely affect the service needs of theinstallation .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 willbe granted prior to making commitments for vacationsduring the choice period, and will be considered part of thetotal choice vacation plan for the installation, unless agreedto the contrary at the local level . Where the specific delegatesto the Convention (Assembly) have not yet been determined,upon the request of the Union, the Employer will makeprovision for leave for these delegates prior to makingcommitments for vacations .130

Article 25.2C. 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 toTransitional Employees)ARTICLE 25HIGHER LEVEL ASSIGNMENTSSection 1 .DefinitionsHigher level work is defined as an assignment to a rankedhigher level position, whether or not such position has beenauthorized at the installation .Section 2. Higher Level PayAn employee who is detailed to higher level work shall bepaid at the higher level for time actually spent on such job .An employee's higher level rate shall be determined as ifpromoted to the position . An employee temporarily assignedor detailed to a lower level position shall be paid at theemployee's own rate .(Additional provisions regarding Higher Level Pay forTransitional Employees can be found in Appendix A)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 theduties of 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 for131

Article 25 .3denial of higher level pay if the employee was otherwisedirected to perform the duties .Section 4. Higher Level DetailsDetailing of employees to higher level bargaining unit workin each craft shall be from those eligible, qualified andavailable employees in each craft in the immediate work areain which the temporarily vacant higher level position exists .However, for details of an anticipated duration of one week(five working days within seven calendar days) or longer tothose higher level craft positions enumerated in the craftArticles of this Agreement as being permanently filled on thebasis of promotion of the senior qualified employee, thesenior, qualified, eligible, available employee in theimmediate work area in which the temporarily vacant higherlevel position exists shall be selected .Section 5. Leave PayLeave pay for employees detailed to a higher level positionwill be administered in accordance with the following:Employees working short term on a higher level assignmentor detail will be entitled to approved sick and annual paidleave at the higher level rate for a period not to exceed threedays .Short term shall mean an employee has been on anassignment or detail to a higher level for a period of 29consecutive 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 anassignment or detail to the higher level position for a periodof 30 consecutive workdays or longer at the time leave is132

Article 26taken and such assignment or detail to the higher levelposition is resumed upon return to work .Terminal leave payments resulting from death will be paid atthe higher level for all employees who are assigned ordetailed to 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 beestablished .The Committee shall be composed of one spokesperson forthe Union, and may include each craft represented by theAPWU entitled to uniforms or work clothing ; onespokesperson for the Employer and an equal number ofrepresentatives of the Employer . The Chairmanship of theCommittee shall alternate each meeting between the Unionspokesperson and the Postal Service spokesperson .The Committee shall meet at least once each three monthsand at such other times as may be necessary or as requestedby either of the parties .The Committee shall have jurisdiction to consider thematters set out below and all non-cost matters pertaining tothe Uniform Allowance Program, including but not limitedto, the uniform items or work clothes items for whichallowances are applicable ; the design, color, quality andfabrics of authorized items .133

Article 26.2The current administration of the Uniform and Work ClothesProgram shall be continued unless otherwise changed by thisAgreement or by the Employer based on recommendationsof the 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 forreplacement, and the overall appearance of the uniform.The Committee shall establish its own rules of procedure.Recommendations of the Committee shall be addressed tothe Postmaster General or his designee .Section 2. Annual Allowance - Regular UniformProgramThe annual allowance for eligible employees in the regularuniform program shall be as follows :A. Effective November 21, 2001 the annualallowance for all eligible employees shall be increased frompresent $291.00 per annum to $304.00 per annum ; and frompresent $125.00 per annum to $131.00 per annum . Theincrease shall become effective on the employee'sanniversary date.Effective November 21, 2002 the annual allowance for alleligible employees shall be increased from $304.00 perannum to $312.00 per annum; and from $131.00 per annumto $134.00 per annum . The increase shall become effectiveon the employee's anniversary date .B . A newly eligible employee entering the regularuniform program will receive an additional credit to theemployee's allowance, as follows :134

Effective November 21, 2001Article 26.3- $70.00 if entitled to $304.00 per annum;- $16.00 if entitled to $131.00 per annumEffective November 21, 2002$72.00 if entitled to $312.00 per annum;$16.00 if entitled to $134 .00 per annumAn eligible employee cannot receive this additional creditmore than 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, MotorVehicle Maintenance (eligible) - workclothes- $60.00 effective November 21, 2001- $62.00 effective November 21, 2002Custodial Maintenance (eligible) - contract uniform$118 .00 effective November 21, 2001$121 .00 effective November 21, 2002Vehicle Maintenance (eligible) - contract uniform$148 .00 effective November 21, 2001$152 .00 effective November 21, 2002135

Article 27The increase shall become effective on the employee'sanniversary date.ARTICLE 27EMPLOYEE CLAIMSSubject to a $10 minimum, an employee may file a claimwithin fourteen (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 submittedwith recommendations by the Union steward to theEmployer at the local level . The Employer will submit theclaim, with the Employer's and the steward'srecommendation, within 15 days, to the Area office fordetermination. The claim will be adjudicated within thirty(30) days after receipt at the Area office . An adversedetermination on the claim may be appealed pursuant to theprocedures for appealing an adverse decision in Step 3 of thegrievance-arbitration procedure .A decision letter denying a claim in whole or in part willinclude notification of the Union's right to appeal thedecision to arbitration under Article 15 .The Area office will provide to the Union's RegionalRepresentative a copy of the denial letter referenced above,136

Article 28the claim form, and all documentation submitted inconnection with 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 ownedmotor vehicles and the contents thereof . For such claims,employees may utilize the procedures of the Federal TortClaims Act in accordance with Part 250 of theAdministrative Support Manual .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 madeavailable by the installation head, or designee .(The preceding Article, Article 27,Transitional Employees)shall apply toARTICLE 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 .Section 1. Shortages in Fined CreditsEmployees who are assigned fixed credits or vending creditsshall be strictly accountable for the amount of the credit . If137

Article 28 .1any shortage occurs, the employee shall be financially liableunless the employee exercises reasonable care in theperformance of his duties . In this regard, the Employeragrees to :A. Continue to provide adequate security for allemployees responsible for postal funds ;B . Prohibit an employee from using the fixed credit orother financial 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 320]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, wrongdelivery of, or depredation on, the mails or failure to collector remit C.O.D . funds unless the employee failed to exercisereasonable care .138

Section 3. Damage to USPS Property and VehiclesArticle 28.4An employee shall be financially liable for any loss ordamage to property of the Employer including leasedproperty and vehicles only when the loss or damage was theresult of the willful or deliberate misconduct of suchemployee .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 toTransitional Employees)ARTICLE 29LIMITATION ON REVOCATION OFDRIVING PRIVILEGESAn employee's driving privileges, may be revoked oxsuspended when the on-duty record shows that the employeeis an unsafe driver .139

Article 29Elements of an employee's on-duty record which may beused to determine whether the employee is an unsafe driverinclude but are not limited to, traffic law violations, accidentsor failure to meet required physical or operation standards .The report of the Safe Driver Award Committee cannot beused as a basis for revoking or suspending an employee'sdriving privileges . When a revocation, suspension, orreissuance of an employee's driving privileges is underconsideration, only the on-duty record will be considered inmaking a final determination . An employee's drivingprivileges will be automatically revoked or suspendedconcurrently with any revocation or suspension of Statedriver's license and restored upon reinstatement . Everyreasonable effort will be made to reassign such employee tonon-driving duties in the employee's craft or in other crafts .In the event such revocation or suspension of the Statedriver's license is with the condition that the employee mayoperate a vehicle for employment purposes, the employee'sdriving privileges will not be automatically revoked. Whenrevocation, suspension, or reissuance of an employee'sdriving privileges is under consideration based on the ondutyrecord, such conditional revocation or suspension of theState driver's license may be considered in making a finaldetermination .Initial issuance-an employee shall be issued a Certificate ofVehicle Familiarization and Safe Operation when suchemployee has a valid State driver's license, passes thedriving test of the U.S . Postal Service, and has a satisfactorydriving history .An employee must inform the supervisor immediately of therevocation or suspension of such employee's State driver'slicense .[see Memo, page 320]140

Article 30ARTICLE 30LOCAL IMPLEMENTATIONA. Presently effective local memoranda of understandingnot inconsistent or in conflict with the 2000 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 fromeither party's impasse of an item from the presently effectivelocal memorandum of understanding .B. There shall be a 30 consecutive day period of localimplementation which shall occur within a period of 60 dayscommencing April 1, 2002 on the 22 specific itemsenumerated below, provided that no local memorandum ofunderstanding may be inconsistent with or vary the terms ofthe 2000 National Agreement :1 . Additional or longer wash-up periods .2 . The establishment of a regular work week of five dayswith either fixed or rotating days off.3 . Guidelines for the curtailment or termination of postaloperations to conform to orders of local authorities oras local conditions warrant because of emergencyconditions .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 request twoselections during the choice vacation period, in unitsof either 5 or 10 days .141

Article 308 . Whether jury duty and attendance at National or StateConventions shall be charged to the choice vacationperiod .9 . Determination of the maximum number of employeeswho shall receive leave each week during the choicevacation period .10 . The issuance of official notices to each employee ofthe vacation schedule approved for such employee .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 shall beby 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 member ofthe regular work force will be adversely affected .17 . The identification of assignments that are to beconsidered light duty within each craft represented inthe office .18 . The identification of assignments comprising asection, when it is proposed to reassign within an142

Article 30.Cinstallation employees excess to the needs of asection .19 . The assignment of employee parking spaces .20 . The determination as to whether annual leave toattend Union activities requested prior to determinationof the choice vacation schedule is to be part of the totalchoice vacation plan .21 . Those other items which are subject to localnegotiations as provided in the craft provisions of thisAgreement.22 . Local implementation of this Agreement relating toseniority, reassignments and posting .C. All proposals remaining in dispute may be submittedto final and binding arbitration, with the writtenauthorization of the national Union President or the Vice-President, Labor Relations . The request for arbitration mustbe submitted in accordance with the Memorandum ofUnderstanding regarding Local Implementation . However,where there is no agreement and the matter is not referred toarbitration, the provisions of the former local memorandumof understanding shall apply. The Employer may challengea provision(s) of a local memorandum of understandingon "inconsistent or in conflict" grounds only by making areasonable claim during the local implementationprocess that a provision(s) of a local memorandum ofunderstanding is inconsistent or in conflict with new oramended provisions of the current National Agreementthat did not exist in the previous National Agreement, orwith provisions that have been amended subsequent tothe effective date of the previous National Agreement. Iflocal management refuses to abide by a localmemorandum of understanding on "inconsistent or inconflict" grounds and an arbitrator subsequently finds143

Article 30.1)that local management had no reasonable basis for itsclaim, the arbitrator is empowered to issue anappropriate remedy.[see Memo, Page 322]D. In the event of a mid-term change or addition inthe National Agreement, local management maychallenge a provision(s) of a local memorandum ofunderstanding subsequent to the local implementationperiod, but only by making a reasonable claim that aprovision(s) of a local memorandum of understanding isinconsistent or in conflict with the changed provision(s)of the National Agreement. The challenged provision(s)declared to be inconsistent or in conflict with theNational Agreement shall remain in effect for 120 daysfrom the date on which the Union is notified in writing ofmanagement's challenge or the date of an arbitrator'saward dealing with management's challenge, whicheveris 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 SectionB. All proposals remaining in dispute may be submitted tofinal and binding arbitration, with the written authorizationof the national Union President or the Vice-President, LaborRelations . The request for arbitration must be submittedwithin 10 days of the end 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 shall144

Article 31 .2have the burden of establishing that continuation of theexisting provision would represent an unreasonable burdento the USPS .ARTICLE 31UNION-MANAGEMENT COOPERATIONSection 1. Membership SolicitationThe Union may, through employees employed by theEmployer, solicit employees for membership in the Unionand receive Union dues from employees in non-work areasof the Employer's premises, provided such activity is carriedout in a manner which does not interfere with the orderlyconduct of the Employer's operation .Section 2. Computer TapesThe Employer shall, on an accounting period basis, providethe Union 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 325]The Employer will make available for inspection by theUnion all relevant information necessary for collectivebargaining or the enforcement, administration or interpretationof this Agreement, including information necessary todetermine whether to file or to continue the processing of agrievance under this Agreement . Upon the request of theUnion, the Employer will furnish such information,provided, however, that the Employer may require the Unionto reimburse the USPS for any costs reasonably incurred inobtaining the information .145

Article 31 .3Requests for information relating to purely local mattersshould be 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 .Nothing herein shall waive any rights the Union may have toobtain information under the National Labor Relations Act,as amended .(The preceding Article, Article 31, shall apply toTransitional Employees)ARTICLE 32SUBCONTRACTINGSection 1.General PrinciplesA. The Employer will give due consideration to publicinterest, cost, efficiency, availability of equipment, andqualification of employees when evaluating the need tosubcontract .[see Memo, pages 326,327,329]B . The Employer will give advance notification to theUnion at the national level when subcontracting which willhave a significant impact on bargaining unit work is beingconsidered and will meet with the Union while developingthe initial Comparative Analysis report. The Employerwill consider the Union's views on costs and other factors,together with proposals to avoid subcontracting andproposals to minimize the impact of any subcontracting.A statement of the Union's views and proposals will beincluded in the initial Comparative Analysis and in anyDecision Analysis Report relating to the subcontractingunder consideration. No final decision on whether or not146

Article 32 .2such work will be contracted out will be made until thematter is discussed with the Union .Section 2. Motor Vehicle Craft-Highway Movement ofMailA. The American Postal Workers Union, AFL-CIO, andthe United States Postal Service recognize the importance ofservice to the public and cost to the Postal Service inselecting the proper mode for the highway movement ofmail . In selecting the means to provide such transportationthe Postal Service will give due consideration to publicinterest, cost, efficiency, availability of equipment, andqualification of employees.B. For highway contracts covered by Article 32, Section2, the Union will be furnished the information enumerated inParagraph C below . This information will be furnished atleast sixty (60) days prior to the scheduled installation of theservice . Within forty (40) days of being furnished suchinformation, the Union may request a meeting to discuss aspecific contract(s) . Within forty-five (45) days of beingfurnished such information, the parties will exchange thebasic cost analyses in order to facilitate discussions . Theparties will meet on or before the sixtieth (60th) day. At notime will the subject highway contract(s) for which a meetinghas been requested be awarded prior to the actual meeting .C. The information will include the following in aconcise summary form :1 . A statement of service including frequency, time ofdeparture and arrival, annual mileage, and proposedeffective date of contract .2 . Equipment requirements . If not comparable tostandard USPS equipment available at that facility,147

Article 32 .2.Cthe reasons therefore along with the cubic footjustification are to be provided .3 . A statement as to whether the proposed contract is arenewal of an existing contract and/or a partial orcompletely new contract solicitation .4 . For contract renewals, the current contractual cost isto be provided along with any specifics, if the termsof the renewal are modified to whatever degree .If the new contract solicitation replaces in part or inwhole existing Postal Vehicle Service (PVS)service, specifics as to the existing PVS service areto be provided 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 substantivemodifications in the information provided the Union in Cabove, the Union will be notified as soon as such decision ismade .E. The parties agree that the following factors will beused in any cost comparisons of the type of transportationmode to be selected :The Motor Vehicle employee costs for MotorVehicle Operators will be the average cost of Level5 Motor Vehicle Operators and the Motor Vehicleemployee costs for Tractor-Trailer Operators will bethe average cost of Level 6 for Tractor-TrailerOperators, as per these employees' straight timewages inclusive of fringe benefits . The average ofeach level will be a weighted average based on thenumber of employees in each step of the respective148

Article 32 .2.Glevels and their respective wages . The MotorVehicle employee costs will be updated within 30days following each salary adjustment for the MotorVehicle Craft.2 . 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 charged 10minutes at the start and 10 minutes at the end of eachroute, 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 .149

Article 32.2 .14H. The information will be furnished for all routescovered by this Section and subject to renewal, extension,conversion of existing postal vehicle service to highwaycontract service or new highway contract service subject tothe limitations stated herein . The following contracts are notencompassed by this Section : services involving collectionand box delivery ; small contract operations in areas where noPostal Vehicle Service operation is currently operating andwhere Postal Vehicle Service operation is economicallyunfeasible ; or any star route contracts let on a temporary oremergency basis .I . The parties recognize that specific conditions mayjustify and require alteration of the time requirementsspecified herein .[see Memo, page 327]Section 3. Joint CommitteeThere 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 toTransitional Employees)ARTICLE 33PROMOTIONSSection 1.General PrinciplesThe Employer agrees to place particular emphasis uponcareer advancement opportunities . First opportunity forpromotions will be given to qualified career employees . TheEmployer will assist employees to improve their own skills150

Article 33 .2through training and self-help programs, and will continue toexpand the Postal Employee Development Center concept .[see Memo, page 330]Section 2. Craft PromotionsWhen an opportunity for promotion to a craft position existsin an installation, an announcement shall be posted onofficial bulletin boards soliciting applications fromemployees of the appropriate craft . Craft employees meetingthe qualifications for the position shall be given firstconsideration . Qualifications shall include, but not belimited to, ability to perform the job, merit, experience,knowledge, and physical ability . Where there are qualifiedapplicants, the best qualified applicant shall be selected ;however, if there is no appreciable difference in thequalifications of the best of the qualified applicants and theEmployer selects from among such applicants, seniorityshall be the determining factor. Written examinations shallnot be controlling in determining qualifications . If no craftemployee is selected for the promotion, the Employer willsolicit applications from all other qualified employees withinthe installation .Promotions to positions enumerated in the craft Articles ofthis Agreement shall be made in accordance with suchArticles by selection of the senior qualified employeebidding for the position .Section 3. ExaminationsWhen an examination is given, there shall be nounreasonable limitation on the number of examinations thatmay be taken by an applicant .151

Article 34ARTICLE 34WORK AND/OR TIME STANDARDSA. The principle of a fair day's work for a fair day's payis recognized 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 Unionconcerned through qualified representatives will be keptinformed during the making of time or work studies whichare to be used as a basis for changing current or institutingnew work measurement systems or work or time standards .The Employer agrees that the National President of theUnion may designate a qualified representative who mayenter postal installations for purposes of observing themaking of time or work studies which are to be used as thebasis for changing current or instituting new workmeasurement systems or work or time standards .C . The Employer agrees that before changing anycurrent or instituting any new work measurement systems orwork or time standards, it will notify the Union concerned asfar in advance as practicable . When the Employerdetermines the need to implement any new nationallydeveloped and nationally applicable work or time standards,it will first conduct a test or tests of the standards in one ormore installations . The Employer will notify the Union atleast 15 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 Unionat least 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 any152

Article 34.Gdifferences 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, andthe Union decides to arbitrate, the matter must be submittedto priority 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 .F . The arbitrator's award will be issued no later than 60days 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 orwork or time studies, however, may be conducted during thisperiod in 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 tocomply with the arbitrator's award . In the event the arbitratorrules that the national concepts involved in the new work ortime standards are fair, reasonable and equitable, theEmployer may implement such standards in any installation .No further grievances concerning the national conceptsinvolved may be initiated .153

Article 34I . After receipt of notification provided for in ParagraphD of this Article, the Union shall be permitted throughqualified representatives to make time or work studies in thetest cities . The Union shall notify the Employer within ten(10) days of their intent to conduct such studies . The Unionstudies shall not exceed one-hundred fifty (150) days, fromthe date of such notice, during which time the Employeragrees to postpone implementation in the test cities for thefirst ninety (90) days . There shall be no disruption ofoperations or of the work of employees due to the making ofsuch studies . Upon request, the Employer will providereasonable assistance in making the study, provided,however, that the Employer may require the Union toreimburse the USPS for any costs reasonably incurred inproviding such assistance . Upon request, the Unionrepresentative shall be permitted to examine relevantavailable technical information, including final dataworksheets, that were used by the Employer in theestablishment of the new or changed work or time standards .The Employer is to be kept informed during the making ofsuch Union studies and, upon the Employer's request theEmployer shall be permitted to examine relevant availabletechnical information, including final data worksheets,relied upon by the Union .(The preceding Article, Article 34, shall apply toTransitional Employees)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 the154

Article 35.2Employer, the EAP staff will have a reasonable period oftime to evaluate the employee's progress in the program .This program of labor-management cooperation shallsupport the continuation of the EAP for alcohol and/or drugabuse at the current level . In addition to the current EAP, theEAP will be expanded, as provided in Section 2 hereof, toencompass the education, identification, referral andguidance of :1 . employees' family members afflicted with alcoholismand/or drug abuse which could or does have anegative impact on the employee's work performance,and2. those employees and their families experiencingother family and/or personal problems which couldor do have a negative impact on the employee's workperformance .An employee's voluntary participation in the EAP forassistance with alcohol and/or drug abuse will be consideredfavorably in disciplinary action proceedings .Section 2. Joint CommitteeFor the term of the 2000 National Agreement, the Employerand the Union agree to work j ointly in the development of theexpanded EAP and in improvements in the existing EARThe parties agree to establish at the national level a NationalEAP Committee . The Committee will have responsibility forjointly :1 . assessing the effectiveness of EAPs operating insideand outside the USPS, and2. developing on an ongoing basis the generalguidelines with respect to the level of services and155

Article 35 .2the mechanisms by which the services will beprovided .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 2000 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 UnionPresident shall 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 thelevel of EAP services and the mechanism by which theservices will be 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 cooperatefully at all levels towards achieving the objectives of theEAP .This joint effort will continue for the term of the 2000National Agreement.156

ARTICLE 36CREDIT UNIONS AND TRAVELSection 1. Credit UnionsArticle 36 .2In 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 chartercredit unions, the Employer shall, without charge, authorizeand provide space, if available, for the operation of suchcredit unions in Federal buildings, in other than workroomspace .Any postal employee who is an employee of any such creditunion or an officer, official, or Board member of any suchcredit union, shall, if such employee can be spared, begranted annual 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 .B. Employees will be paid a mileage allowance for theuse of privately owned automobiles for travel on officialbusiness when authorized by the Employer equal to thestandard mileage rate for use of a privately ownedautomobile as authorized by the General ServicesAdministration (GSA) . Any change in the GSA standardmileage rate for use of a privately owned automobile will beput into effect by the Employer within sixty (60) days of theeffective date of the GSA change .[see Memo, page 331]157

Article 37.1C. All travel for job-related training will beconsidered compensable work hours .(The preceding Article, Article 36, shall apply toTransitional Employees)ARTICLE 37CLERK CRAFTSection 1 . DefinitionsSection 2. SenioritySection 3. Posting, Bidding, and ApplicationSection 4. Unencumbered EmployeesSection 5. Conversion/Part-Time FlexiblePreferenceSection 6. Parcel Post Sorting MachinesSection 7. Anti-Fatigue MeasuresSection 8. Scheme CommitteeSection 9. Computerized Forwarding SystemSection 10 . Listing of Key and StandardPositionsSection 1. DefinitionsA. Craft Group. Those positions for which the Unionhas secured exclusive recognition at the national level .B. Duty Assignment. A set of duties and responsibilitieswithin recognized positions regularly scheduled duringspecific hours of duty .C. Preferred Duty Assignment . Any duty assignmentconsidered preferred by a full-time employee or a part-timeregular employee .158

Article 371.JD. Bid. A written request submitted on a PS Form 1717,or PS Form 1717A, or locally designed multi-bid form,which requires only the basic information on PS Form 1717,to the installation head to be assigned to a duty assignment bya full-time employee eligible to bid or a part-time regularemployee 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 afacility, telephone and computerized bidding is mandatory .Where telephone bidding is the only alternative form ofbidding, bids may be submitted by telephone .E. Application . A written request by a Clerk Craftemployee for consideration for a duty assignment for whichthe employee is not entitled to submit a bid or express apreference under Article 37, Section 5 .F. Abolishment. A management decision to reduce thenumber of occupied duty assignment(s) in an establishedsection and/or installation .G. Reversion. A management decision to reduce thenumber of duty assignments in an installation when suchduty assignment(s) is/are vacant .H. Reposting. The posting of a duty assignment asrequired by Article 37, Section 3.A .4 .a, b, or c .I . Residual Vacancy. A duty assignment that remainsvacant after the completion of the voluntary bidding process .J. Conversion . The act of changing the status of a parttimeflexible employee to full-time or part-time regular byappropriate personnel action (Form 50) .K. Currently Qualified. Possessing a live record on allof the qualifications for a posted duty assignment, includingscheme and/or the ability to key at the appropriate speed and159

Article 37.2.Aaccuracy on the appropriate keyboard, such that theemployee can assume the posted duties of the dutyassignment without the need for a deferment period .L. Live Record . A record of qualification which makesan employee qualified, for bidding purposes, on a particularscheme, skill, or other qualification requirement . A liverecord begins when an employee qualifies on therequirement . Its duration is as follows :1 . Except for positions listed in Section 31 .7, a liverecord lasts for two years after the employee ceasesto perform the duties which require the skill .2 . For positions listed in Section 31 .7, a live recordlasts for five years after the employee ceases toperform the duties which require the skill .3 . A full-time regular or part-time regular employee isconsidered to cease performing the duties whichrequire a skill when the employee no longer holds abid requiring the skill .M. Brush-up Training . Training provided to anemployee who is a successful bidder or is assigned to a dutyassignment for which the employee is deemed to be currentlyqualified .[see Memo, page 349]Section 2. SeniorityA. Introduction1 . The U.S . Postal Service and the APWU, Clerk CraftDivision, AFL-CIO, agree to the following seniorityprinciples which replace all former rules, instructionsand practices .160

Article 37 .2 .1)This Article will continue relative senioritystandings properly established under past instructions,rules, and practices and the Article 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 of therequest .B. CoverageThese 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 ofthe seniority provisions of this Article . The installation headshall post and furnish a copy of an updated seniority list to thelocal union on a semi-annual basis, unless otherwisenegotiated locally . The application of this Article shall beopen to negotiation at the installation level with thedesignated official of the Union .D. Application of SenioritySeniority for full-time employees and part-timeregular employees for preferred duty assignmentsand other purposes shall be applied in accordancewith the National Agreement . This senioritydetermines the relative standing among full-timeemployees and part-time regular 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 the161

Article 37 .2.D .2same installation, except as otherwise specificallyprovided for .2 . 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 to thebottom of the part-time flexible roll and begin a newperiod of seniority effective the date of reassignment .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 flexible froma competitive Postal Service eligible register orother means . In cases of appointment of morethan one employee to the part-time flexible rollon the same day from the same competitiveregister, their positions on the part-timeflexible roll will be in accord with theirstanding on the Postal Service eligible 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 elements applicableto the position 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 .162

Article 37 .2.D.4b . A reinstated, reassigned, or transferredemployee shall be placed on the part-timeflexible roll ahead of one appointed from theregister on the same day .c .d .A part-time regular Clerk Craft employee whoapplies for and is changed to part-time flexibleshall be placed at the bottom of the part-timeflexible roll. Upon conversion to full-time, theemployee's seniority for preferred assignmentsshall include all continuous Clerk Craft servicein the installation .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 .b .Total continuous postal career service in theClerk Craft within the installation .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 .163

Article 37 .2.D .5f. Total postal service .g .h .Total Federal service as shown in the servicecomputation date .Numerical by the last three or more numbers(using enough numbers to break the tie, but notfewer than three numbers) of the employee'ssocial security number, from the lowest tohighest .5 . 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; provided applicationfor reinstatement or reemployment is madewithin six months from the date of recovery .The date of recovery in the case of disabilityretirement must be supported by notice ofrecovery from The Compensation Group,Office of Personnel Management, and in thecase 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 had notbeen interrupted by the separation .164

Article 37 .2.D .5.cb . 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 level,status, and installation may elect to bereassigned to the gaining installation in lieu ofan involuntary reassignment of a junioremployee .(1) Senior full-time or part-time regular clerkswho elect to be reassigned to the gaininginstallation will take their seniority withthem . Reassignment of those full-time orpart-time regular clerks shall be treated asdetails for the first 180 days to avoidinequities in the selecting of preferred dutyassignments by full-time or part-timeregular clerks in the gaining installation .Such senior employees who acceptreassignment to the gaining installation donot 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 . Upon conversionto full-time, an employee's seniority forpreferred duty assignments shall includepart-time flexible service in both the losingand gaining installations .6 . Changes in Which Seniority is LostExcept as specifically provided elsewhere in this165

Article 37 .3Agreement, a full-time employee or a part-timeregular employee begins a new period 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 Modified . Whenmutual exchanges are made between full-time ClerkCraft employees in different installations, both of theexchanging employees shall take the seniority dateof the junior employee involved and shall bereassigned as unassigned full-time employees .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 of Article1, Section 2, shall be posted within 28 days unlesssuch vacant duty assignments are reverted .a. Full-time duty assignments.(1) Newly established full-time dutyassignments are posted to full-time166

Article 37 .3.A1employees eligible to bid and to currentlyqualified part-time regular employeeseligible to bid who were previously fulltimeemployees in the Clerk Craft in thesame installation .(2) Vacant full-time duty assignments areposted to full-time employees eligible tobid .(3) Residual full-time vacancies are posted forbid to part-time regular employees eligibleto bid, after the application of Section 4.C,Assignment of Unencumbered Employees,unless such vacancies are being withheldpursuant to Article 12 .(a) To be eligible to bid on a residual fulltimevacancy, a part-time regularemployee must be senior to the seniorpart-time flexible on the roll whostates a preference on the dutyassignment .(b) Posting of residual full-time dutyassignments to part-time regularemployees will be concurrent withpart-time flexible preferencing underSection 5 . A part-time regularemployee eligible to bid on a dutyassignment will be placed in the dutyassignment ahead of a part-timeflexible employee expressing apreference for the duty assignment .b . Part-time regular duty assignments .(1) Newly established and vacant part-time167

Article 37.3.A.2regular duty assignments are posted tofull-time and part-time regular employeeswho are eligible to bid .(2) Residual part-time regular vacancies arefilled in accordance with Sections 4 and 5of this Article .2 . Reversion . When a vacant duty assignment is underconsideration for reversion, the local UnionPresident will be given an opportunity for inputprior to a decision . The decision to revert or not torevert the duty assignment shall be made not laterthan 28 days after it becomes vacant and if thevacant assignment is reverted, a notice shall beposted advising of the action taken and the reasonstherefor .3 . Withholding. When vacancies are withheld underthe provisions of Article 12, the local UnionPresident will be notified in writing .4 . Reposting .a .b .c .When it is necessary that fixed schedule day(s)of work in the basic work week for a dutyassignment be permanently changed, theaffected assignment(s) shall be reposted .The determination of what constitutes asufficient change of duties, principal assignmentarea or scheme knowledge requirements tocause the duty assignment to be reposted shallbe a subject of negotiation at the local level .The determination of what constitutes asufficient change in starting time of a dutyassignment to cause the duty assignment to be168

eposted isprovided :Article 37 .3.A .4 .dnegotiable at the local level,(1) No duty assignment will be reposted whenthe change in starting time is one hour orless .(2) The above criteria will also apply tocumulative changes in starting time withinthe life of this Agreement . Cumulativechanges are changes that move the startingtime outside a circle which has the startingtime as its center and the agreed upon timeas its radius .(3) The incumbent shall have the option ofaccepting the new reporting time, ifnegotiated at the local level . If theincumbent accepts the new reporting time,the assignment will not be reposted .(4) If the incumbent does not accept the newreporting time, the assignment will bereposted .When duty assignments are reposted inaccordance with a ., b., or c . above, suchrepostings of levels, 6, and 7 duty assignmentswill be limited to employees within the sameand higher salary levels and status ; andrepostings of level 4 duty assignments will belimited to those employees in that salary leveland status .Subsequent postings which result from areposted duty assignment will be limited toemployees within the above salary levels until aresidual vacancy is identified . Residual169

Article 37.3.A.4 .evacancies which result from repostings will befilled in the following order :(1) Assign any unencumbered employees inthe same salary level who are available forassignment, in accordance with Section4.C .1 .(2) Post to full-time employees in all levelswho are eligible to bid and part-timeregular employees in all levels who areeligible to bid .(3) If no bidders, assign unencumbered lowerlevel employees in accordance withSection 4.C .1 .e .f .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 than onecraft and is awarded based on seniority .If the decision is to repost an occupied dutyassignment and there are two or more identical(hours, off days and duties) assignments withinthe section, the duty assignment of the juniorincumbent of such assignment will be reposted .In instances where more than one duty assignment isposted, clerks may indicate preferences on the bidform or in the telephone or computerized biddingprocess .6 . An employee who has submitted a bid shall have theright to cancel the bid, in writing or in the telephoneor computerized bidding process, at any time before170

Article 37 .3.A .7the closing time (hour and date) of the posting . Suchcancellation, to be official, shall be date stamped orprocessed by telephone or computer (withconfirmation) . An employee may not cancel a bidafter the closing time of the posting .7 . Best Qualified Positionsa. All newly established and vacant dutyassignments in a best qualified position shall beposted 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 successful biddermust be placed in the duty assignment within 28days after the successful bidder notice is posted,except in the month of December.b. The residual vacancy, as defined in Section 1 ofthis Article, will be posted for applicationunless the vacancy is being withheld pursuantto Article 12 . The successful applicant must beplaced in the duty assignment within 28 daysafter the successful applicant notice is posted,except in the month of December.Part-time regular employees may apply for bestqualified duty assignments . Applications frompart-time regular employees will not beconsidered if sufficient (equal or greater innumber than available duty assignments) fulltimeand part-time flexible employees meetingthe minimum qualifications apply .d. Incumbents in each best qualified position andsalary level will be in a separate category for171

Article 37 .3.A .8Article 12 excessing purposes . These categorieswill be separate from senior qualified positions .Clerks temporarily detailed to a nonbargaining-unitposition (204b) may not bid or apply for vacantClerk Craft duty assignments while so detailed .However, nothing contained herein shall beconstrued to preclude such temporarily detailedemployees from voluntarily terminating a 204bdetail and returning to their craft position . Uponreturn to the craft position, such employees mayexercise their right to bid or apply for vacant ClerkCraft duty assignments.The duty assignment of a clerk detailed to anonbargaining-unit position, including anonbargaining-unit training program, in excess of 4months shall be declared vacant and shall be postedfor bid in accordance with this Article . Upon returnto the craft the employee will become an unassignedclerk with a fixed schedule . A clerk temporarilydetailed to a nonbargaining-unit position will not bereturned to the craft solely to circumvent theprovisions of Section 3.A .8 . Form 1723, Notice ofAssignment, shall be used in detailing clerks totemporary nonbargaining-unit positions (204b) .The Employer will provide the Union at the locallevel with a copy of Forms) 1723 showing thebeginning and ending of all such details .Employees detailed to nonbargaining-unit positionsare not entitled to out-of-schedule premium .9 . Filling Upgraded Positionsa .When an occupied Clerk Craft position isupgraded on the basis of the present duties :172

Article 37 .3.A10(1) The incumbent will remain in the upgradedjob provided the employee has been in thatjob for more than one year.(2) The j ob will be posted forbid or applicationin accordance with the Agreement if theincumbent has not been in the job for morethan one year .b. When an occupied Clerk Craft position isupgraded on the basis of duties which are addedto the position :(1) The incumbent will remain in the upgradedjob provided the employee has been in thatjob for more than one year . The year ofrequired incumbency in the job beginswhen the duty or duties were added whichpermitted the job to be reranked .(2) The j ob will be posted for bid or applicationin accordance with the Agreement if theincumbent has not been in the job morethan one year since the date when the dutyor duties were added which later permittedthe job to be reranked .10 . 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 . Part-time regular employees mayuse their seniority to bid on full-time dutyassignments in other levels for which they areeligible to bid under the provisions of Section 3.A .1of this Article .173

Article 37 .3.A10.aa .Full-time Clerk Craft employees in levels PS-5,PS-6, and PS-7 may bid and compete for vacantand newly established full-time duty assignmentsranked below PS-5 .b . Full-time Clerk Craft employees in levelsbelow PS-5 may bid and compete for vacantand newly established full-time duty assignmentsranked at PS-5, PS-6, and PS-7 .c . Employees in levels below PS-5 who arepromoted as a result of this section and aresubsequently impacted due to technologicaland mechanization changes shall not be entitledto saved grade for a period of two yearsbeginning with the effective date of promotion .This two-year restriction does not apply toemployees who previously occupied the higherlevel .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-5 who arepromoted as a result of this section will berestricted from bidding to duty assignments inPS-5, PS-6, and PS-7 positions other than theposition description initially bid for one yearfrom the effective date of promotion . Employeesserving this bid restriction may bid on any dutyassignment below PS-5 during this one-yearperiod . This restriction does not apply toemployees who previously occupied the higherlevel .174

Article 37.3.A.1111 . The following PS-6 and PS-7 positions arefilled on the 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 2-346SP 2-362SP 2-385SP 2-387SP 2-388SP 2-433SP 2-464SP 2-465SP 2-468SP 2-495SP 2-502TitleClaims 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 AssistantParcel Post Distributor-(Machine)Ramp Clerk, AMFBulk Mail TechnicianWindow Services TechnicianSelf-Service Postal CenterTechnicianMail Classification ClerkMail Classification ClerkMailing Requirements ClerkRecords Clerk, International AirMailSack Sorting Machine Operator175

Article 37 .3.BSP 2-633SP 2-634SP 2038Distribution Clerk, Machine,MPLSMDistribution Clerk, Machine,SPLSMSenior Mail ProcessorB. Bidding Provisions - Letter SortingMachinesC. Place of Posting(See Memo, Page 339)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 mailing addresses,a copy of any notice inviting bids from the ClerkCraft shall be mailed to them by the installationhead .2 . Posting and bidding for preferred duty assignmentsshall be installation-wide, except as otherwiseprovided for in this Agreement .D. Length of PostingThe notices shall remain posted for 10 days, unless adifferent length for the posting period is established by localnegotiations .176

E. Information on NoticesArticle 37.3 .E.8Information 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 (essential and non-essential)and special requirements involving training, whereapplicable . When the assignment requires schemedistribution, one or more scheme(s) will be listed asessential .4 . Hours of duty (beginning and ending), and tour.5 . The principal assignment area (e .g ., parcel post,incoming or outgoing in the main office, or specifiedstation, branch, or other location(s) where thegreater portion of the assignment will beperformed) .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 installation177

Article 37 .3 .Fhead 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 employee willbe designated the "senior bidder ."b .An employee will be limited to five seniorunsuccessful bids during the duration of thisAgreement .A senior unsuccessful bid is one on which theemployee is designated the senior bidder and, dueto withdrawal, failure to qualify, or othervoluntary relinquishment of the employee's rightsto the duty assignment, does not become thesuccessful bidder. If an employee exercises anoption to withdraw in order to accept a dutyassignment on which the employee remains a livebidder, such withdrawal does not constitute asenior unsuccessful bid .An employee who has used five seniorunsuccessful bids for any reason during theduration of this agreement will not be permittedfurther 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 of178

December .period .Article 37 .3 .F .3The local agreement may set a shorter3. a . When the duty assignment requires schemeknowledge, if the senior bidder is qualified on theessential scheme requirements of the position,assign the employee in compliance with 2 above .If the senior bidder is not qualified on theessential scheme requirements when the postingperiod is closed, permanent filling of thepreferred assignment shall be deferred until suchemployee is qualified on the essential schemerequirements . The deferment period shall beginthe date the senior bidder is scheduled to reportfor training and shall be computed based on thefollowing :Total Numberof Scheme ItemsDeferment period(calendar days)100 -200 14201 -300 2 2301 -400 3 0401 -500 3 8501 -600 4 6601 -700 5 4701 -800 62801 -900 6 6901- 1000 701001- 1100 741101- 1200 7 81201- 1300 821301- 1400 861401- 1500 901501- 1600 951601- 1700 1001701- 1800 105179

Article 37 .3.F .3.b1801-1900 1101901-2000 115Normally, the employee will begin the requiredtraining within 10 days after the posting of the seniorbidder, excluding December. An employee who hasscheduled leave of a week or longer (four (4) daysduring a holiday week) within the first twenty eight(28) days, may at his/her option, begin training uponreturn from the scheduled leave .b .An employee designated the senior bidder maywithdraw at any time prior to completing trainingand being designated the successful bidder. Anemployee who begins training and subsequentlywithdraws, fails to qualify, or otherwiserelinquishes rights to the duty assignment will berestricted from any further bidding for a period of90 days from the date of withdrawal or failure toqualify .(1) If the senior bidder withdraws prior tobeginning training or fails to complete fourhours of training within five work days of thedate the senior bidder is scheduled to reportfor training, the duty assignment will beforfeited to the second senior bidder . Thesecond senior bidder, if not qualified on theessential scheme requirements, will enter adeferment period as described above .(2) If the senior bidder completes four or morehours of training within five work days of thedate the senior bidder is scheduled to reportfor training and subsequently withdraws,fails to qualify, or otherwise relinquishesrights to the assignment, the senior currently180

Article 37 .3 .F .4qualified bidder shall be permanentlyassigned as indicated in c . below.(3) If a duty assignment is forfeited to the secondsenior bidder and the second senior bidderwithdraws, fails to qualify, or otherwiserelinquishes rights to the duty assignment,the senior currently qualified bidder shall bepermanently assigned as indicated in c .below . In such case, the bid will beconsidered a senior unsuccessful bid . If thesecond senior bidder began training, he/shewill be restricted from any further biddingfor a period of 90 days from the date ofwithdrawal or failure to qualify .Within 21 days after the end of the defermentperiod, the senior currently qualified bidder shallbe permanently assigned except as indicatedbelow . A notice shall be posted stating thesuccessful bidder . During the deferment period,the assignment normally should be filled by thedetail of a qualified employee .4. a . When the duty assignment requires machinequalifications, if the senior bidder is qualified onmachine qualifications, which means the abilityto key at the appropriate speed and accuracy onthe appropriate keyboard, assign the employee inaccordance with 2 above . If the senior bidder isnot qualified when the posting period is closed,permanent filling of the preferred assignmentshall be deferred until the senior bidder isqualified on the machine qualifications . Thehours of training established for machinequalifications shall constitute the defermentperiod, which shall begin on the first day thetraining is scheduled . Normally, the employee181

Article 37.3 .F.4 .bwill begin the required training within 10 daysafter the posting of the senior bidder, excludingDecember . An employee who has scheduledleave of a week or longer (four (4) days during aholiday week) within the first twenty-eight (28)days, may at his/her option, begin training uponreturn from the scheduled leave .b .An employee designated the senior bidder maywithdraw at any time prior to completing trainingand being designated the successful bidder. Anemployee who begins training and subsequentlywithdraws, fails to qualify, or otherwiserelinquishes rights to the duty assignment will berestricted from any further bidding for a period of90 days from the date of withdrawal or failure toqualify .(1) If the senior bidder withdraws prior tobeginning training or fails to complete fourhours of training within five work days ofbeginning training, the duty assignment willbe forfeited to the second senior bidder . Thesecond senior bidder, if not qualified on themachine qualifications, will enter a defermentperiod as described above .(2) If the senior bidder completes four or morehours of training within five work days ofbeginning training and subsequentlywithdraws, fails to qualify, or otherwiserelinquishes rights to the duty assignment,the senior currently qualified bidder shall bepermanently assigned as indicated in c.below .(3) If a duty assignment is forfeited to the secondsenior bidder and the second senior bidder182

Article 37.3 .F.4 .dwithdraws, fails to qualify, or otherwiserelinquishes rights to the duty assignment,the senior currently qualified bidder shall bepermanently assigned as indicated in c .below . In such case, the bid will beconsidered a senior unsuccessful bid . If thesecond senior bidder began training, he/shewill be restricted from any further biddingfor a period of 90 days from the date ofwithdrawal or failure to qualify .Normally, the employee will begin the requiredtraining within 10 days after the posting of thesenior bidder, excluding December . Within 21days after the end of the deferment period, thesenior currently qualified bidder shall bepermanently assigned . A notice shall be postedstating the successful bidder . The defermentperiod for machine qualifications training, theessential scheme requirements, and schemedistribution keyboard training will not beconcurrent . During the deferment period, theassignment normally should be filled by the detailof a qualified employee . Where schemeknowledge is required, the provisions of Section31 .3 above are applicable .Employees who have undergone training for lettersorting machines and who subsequently bid backinto a letter sorting machine duty assignment willbe given applicable brush-up training to allowthem to meet the appropriate speed and accuracyrequirements .e .Except as specifically provided elsewhere in thisArticle, no employee shall be denied theopportunity to bid or qualify on any mail sortingmachine duty assignment solely because of a183

Article 37.3 .F.5previous unsuccessful attempt to qualify for amail sorting machine duty assignment .5 . When the posted duty assignment requires a specificskill(s) where the employees must be immediatelyqualified, senior bidders will be given an opportunityto demonstrate the skill(s) . A minimum of five seniorbidders will be tested, unless one or more of the fiveare currently qualified . In that case, all bidders seniorto the senior currently qualified employee will betested . This demonstration occurs prior to anemployee being designated as the senior bidder or thesenior qualified bidder .a. This provision applies to the followingpositions/duty assignments :Air Records Processor, PS-5 ;Clerk Stenographer, PS-5 ;Self-Service Postal Center Technician,PS-6 ;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 and failswill be restricted from bidding on positions/dutyassignments which require the same skill(s) fora period of 120 days from the date the employeeattempts to demonstrate the skill .6 . Where incidental typing is required as apart of a dutyassignment, such requirement must be reasonablyrelated to the efficient performance of theresponsibilities of the duty assignment .184

Article 37 .3.F .7The 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 the positionwill be deferred until successful completion of thetraining . If the employee does not satisfactorilycomplete the training or withdraws, the employeewill be returned to his/her former duty assignmentand the next senior bidder will be placed into training .An employee bidding from one of the positions on thelist to another requiring similar essential duties willnot be required to take the 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)Postage-Due Clerk (SP 2-11)Postage-Due Technician (SP 2-12)Self-Service Postal Center Technician (SP2-433)Senior Mail Processor (SP-2038)a .In installations where 105 or more hours oftraining are required for position qualification anda full-time duty assignment in any of the aboveposition designations requires schemequalification, the deferment period for scheme(s)and position qualification will not be concurrent .185

Article 37.3 .F.8b .An employee who is designated the senior bidderfor any of the positions listed in F.7 . above andwho subsequently fails to satisfactorily completethe training or withdraws from the bid will berestricted from bidding on posted duty assignmentsin that position designation for a period of 180days, 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:(1) The employee's bid duty assignment isabolished or reposted during the 180-daybidding restriction .(2) The employee withdraws prior to completionof 25% of the position qualification traininghours .8 . a . When an employee is designated as successfulbidder and remains a live bidder on other bids, theemployee shall notify management in writingwithin ten days of his/her election to remain abidder on one or more of those assignments . Thenotice shall identify the assignment(s) by job andposting number . Failure to notify within ten dayswill cancel such other bids .b .When an employee is in a deferment period andwould be designated a senior or successful bidderon a previous bid, the employee will be given a186

Article 37.3 .F.9choice to remain in training or become the senioror successful bidder on the previous bid .c .Except as otherwise specifically provided in3F .3, 31 .4, and 31 .7, any of the following shallend the deferment period, and the duty assignmentshall be filled in accordance with the provisions ofthis Article :(1) The senior bidder withdraws prior to the endof the deferment period ;(2) The senior bidder is designated the senior orsuccessful bidder on a subsequent postingduring the deferment period . Eligibility todemonstrate a skill per 31 .5 does not end adeferment period .(3) The senior bidder otherwise relinquishes theemployee'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 Understanding,dated March 3, 1975, concerning use of full-timeemployees on Relief and Pool duty assignments, suchassignments in the Clerk Craft shall normally be usedto cover :a .Absences of employees holding full-time bidassignments in :(1) Stations or Branches ;(2) Window Service ;187

Article 37.4.A(3) Customer Service, Finance or E&LR.b .Functions which predictably occur at the end ofthe accounting period (Timekeeper, ExaminationSpecialist, etc .)10 . Normally, the successful bidder shall work the dutyassignment as posted and shall not be displaced by ajunior employee . This does not prohibit theEmployer from assigning other employees to workthe assignment for training purposes .Section 4.Unencumbered EmployeesA. Coverage. Full-time flexible employees andunassigned regular employees are considered unencumberedemployees .B . An employee who becomes an unassigned regularwill continue to work the same hours and scheduled days theemployee worked immediately prior to becomingunassigned unless notified of a change in work schedulebefore expiration of the first 28 days after the date on whichthe employee became unassigned . Additional work schedulechanges may be made, provided that such change cannot bemade effective until 180 days after the effective date of anyprevious change .C .Assignment of Unencumbered Employees1 . To the Same or Higher Levela . Employees not encumbered in bid dutyassignments should bid on duty assignmentsposted for bid . These employees shall beassigned to residual full-time duty assignmentsin the same or higher salary level for which theemployees meet the minimum qualifications .The assignments will be made in the followingorder:188

Article 37 .4.C1.a(2)(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 qualified ontwo or more residual duty assignments, theemployee will be given an option and beawarded their choice based on seniority . Ifassignments remain unfilled for whichthere are currently qualified unencumberedemployees, involuntarily assign theseemployees by inverse seniority .(2) Partially Qualified Employees .Offer residual assignments by seniority toemployees who are qualified on at leastone, but not all, of the requirements of aresidual assignment and have not occupieda bid assignment during the last 90 days . Ifan employee is partially qualified on two ormore residual duty assignments, theemployee will be given an option and beawarded their choice based on seniority . Ifassignments remain unfilled for whichthere are partially qualified unencumberedemployees, involuntarily assign theseemployees by inverse seniority .(3) Employees Not Currently or PartiallyQualified .Involuntarily assign employees, startingwith the senior employee, who have not189

Article 37 .4.C .2occupied a bid duty assignment during thelast 90 days . When there is more than oneresidual vacancy, the employees will begiven an option and be awarded theirchoice based on seniority .b .Unencumbered clerks who are detailed tononbargaining positions are considered to beunavailable for assignment in accordance witha . above .2 . To a Lower LevelLower-level residual vacancies that still exist afterapplication of C.1 above may be offered tounencumbered employees and their preferenceshall be honored by seniority . Then assignunencumbered employees by inverse seniority tolower-level residual full-time duty assignments . Anemployee assigned to a duty assignment in a lowergrade will receive saved grade until such time as thatemployee fails to bid or apply for any posted fulltimeduty assignment in his/her former wage level .3 .a . An employee who was not hired from a machineregister and who has not subsequently passedmachine training may not be involuntarily assignedto a machine duty assignment regardless of salarylevel . This provision does not prohibit theEmployer from making a job offer to anunencumbered employee in the same level .b .An employee hired from a machine register who hasnot qualified on a particular machine skill (e.g .,letter sorting machine, flat sorting machine) maynot be involuntarily assigned to a duty assignmentrequiring that machine skill until all unencumberedemployees who have qualified on that machine skillhave been assigned .190

Article 37.5.A4. Full-time employees are assigned only to full-timeresidual vacancies. Part-time regular employeesare assigned first to part-time regular residualvacancies, then if necessary, they may be assignedto remaining full-time regular residual vacancies ifsenior to the senior part-time flexible employee .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 duty assignment(s)they desire to be converted into based on theirstanding on the part-time flexible roll .4. Part-time flexible employees who have exercised apreference and fail to qualify shall not be dischargedor disciplined as a result of such failure .5. Normally, the senior part-time flexible stating apreference will be placed into training within 10calendar days .6. When a part-time flexible employee is identified ascurrently qualified or successfully completes thetraining for a stated preference, the employee shouldbe converted to full-time and placed in the dutyassignment within 28 days except in the month ofDecember . Management should release a part-time191

Article 37 .5.A .6flexible Mark-up Clerk, Automated as soon aspossible, but for replacement training purposes maydelay the employee's release to that duty assignmentfor up to 180 days after being identified as senior forconversion or training . This delay in placement doesnot alter the employee's normal conversion at theappropriate time .7 . Full-time flexible assignments created as a result ofthe Maximization Memorandum of Understandingshall be filled in accordance with these procedures .8 . If an opportunity for conversion is to a best qualifiedfull-time Clerk Craft duty assignment, thesuccessful applicant shall beconverted . Applicationsfrom part-time flexible employees shall not beconsidered if sufficient (equal or greater in numberthan available duty assignments) full-time employeesmeeting the minimum qualifications apply .9 . Part-time flexible employees who express apreference may not withdraw from the assignment orfrom training except as specifically provided for in10 . 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 beingcurrently qualified on another assignment, shall havethe option of either remaining in training for thestated preference or withdrawing from training .B. Preference Requirements/Eligibilities1 . Employees are required to state a preference for dutyassignments for which they are currently qualified atthe same or higher level, even if they are in trainingfor another stated preference . A Mark-up Clerk,192

Article 37.5.CAutomated is not required to state a preference fornon-Markup Clerk, Automated duty assignments .2. Employees are not required to state a preference forduty assignments for which they are not currentlyqualified 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 .5. Part-time flexibles who were appointed from amachine register may express a preference for amanual duty assignment only if it will not deprive acurrently qualified part-time flexible manualdistribution clerk of the opportunity for conversion .[see Memo, page 333]C. Procedures . When there are one or more full-timeduty assignment(s) to be filled by conversion, theconversions shall be made by the following procedures, inthe 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 flexibleswho are currently qualified on two or more of the193

Article 37 .5.C1available duty assignments shall be given a choice, inorder of their standing on the part-time flexible roll,provided their choice would not reduce the numberof currently qualified employees who could bematched and converted to full time .3 . If any duty assignments remain unfilled, takepreferences from all part-time flexibles who passedthe required entrance examination elements, in orderof their standing on the part-time flexible roll .4 . For each duty assignment, place the senior part-timeflexible who stated a preference for that assignmentinto the assignment if currently qualified . If notcurrently qualified, place that employee into trainingfor that assignment . Upon successful completion ofthe training, convert and place the employee into theassignment .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 senior parttimeflexible hired from the appropriate register andwho is not in training for another opportunity will beassigned and placed into training .7 . If there are no remaining part-time flexibles hiredfrom the appropriate register, the senior part-timeflexible on the roll who is not in training for anotheropportunity will be assigned and placed intotraining, except that PTFs hired as manual clerkswho have not subsequently passed machine trainingmay not be involuntarily assigned to full-timemachine duty assignments . PTF's may not beinvoluntarily assigned to a lower level or to a duty194

Article 37 .6.Aassignment requiring a skill (such as typing,shorthand, etc.) for which they are not currentlyqualified .8. Part-time regular residual vacancies are offered topart-time flexible employees for preferencing, firstby same level then by seniority in accordance withthe above rules, prior to filling the duty assignmentswith non-clerk craft individuals .Section 6. Parcel Post Sorting MachinesA. Parcel Post Sorting Machines1 . RotationThe application of the rotation system for PPSMoperators is a proper subject for discussion at theLabor-Management Committee meetings .Discussion with local Union officials shall takeplace with opportunity for input prior to changes inthe rotation system .2 . SIATA SIAT operator test will not be entered into theIndividual Performance Record and become anofficial record unless the following conditions aremet :a. The supervisor positions himself so that he willbe able to observe the operator being tested . Hewill verify for the record that the operator beingtested was in fact keying during the entire test .195

Article 37 .7.Ab .The operator was scheduled by the operationstable of random numbers and the supervisor isable to reconstruct the random selection of theoperator from the random number table .c .d .The supervisor is able to relate the machineprinted record to the operator and identify,where possible, the error causes .The operator is allowed to inspect the record,including a record of the addresses of pieceskeyed in error as soon as practicable .Section 7. Anti-Fatigue MeasuresA. The 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 the NationalAgreement. The Employer will continue to furnishadjustable platform stools for periods of sustaineddistribution 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" devicesis a proper subject for determination by the National Labor-Management Committee .Section 8. Scheme CommitteeA. The Employer agrees to having as part of the NationalLabor-Management Committee, a labor-managementsubcommittee on schemes for the consideration ofappropriate matters relating to schemes .B .Subject to any criteria established in the future by the196

Article 37.10National Labor-Management Committee, local level schemecommittees will continue operation as presently constituted .C. There shall be no annual or periodic schemeexaminations .Section 9. 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 consistentwith the requirements of the applicable provisions of thisAgreement .[see Memo, page 345]Section 10.Listing of Key and Standard PositionsThe Employer will continue to furnish to the Union at thenational level copies of key and standard positions includingqualification standards in the Clerk Craft .197

Article 38.1ARTICLE 38MAINTENANCE CRAFTSection 1 .Section 2 .Section 3 .Section 4 .Section 5 .Section 6 .Section 7 .IntroductionDefinitionsSeniorityPostingSelection MethodsTrainingSpecial ProvisionsSection 1. IntroductionAll craft positions listed in the EL-201 Handbook assigned tothe Maintenance Craft shall be under the jurisdiction of theMaintenance Craft Division of the American Postal WorkersUnion, AFL-CIO .Section 2. DefinitionsA. Maintenance Craft. All employees in maintenancecraft positions for which the Union has secured recognitionat the national level .B. Installations . A main post office, airport mail centeror facility, terminal, bulk mail center, processing anddistribution center or facility, Maintenance Support andRepair Facility or any similar organizational unit under the198

Article 38.2 .Fdirection of one postal official, together with all stations,branches and other subordinate 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 forcein the 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 whowere on 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 inthe same position designation and installation .F. Installation Seniority. This seniority is computedfrom entry into the maintenance craft in the installation . Itcontinues to accrue so long as service in the maintenancecraft and installation is uninterrupted.199

Article 38 .3.AG. Seniority for Preferred Assignments. This senioritydetermines relative standing among regular work forceemployees eligible to bid for preferred assignments .Employees who enter into a regular work forceposition in a particular occupational group and levelprior to June 25, 1992, shall have seniority forpreferred assignments computed from entry intoregular work force position in a particularoccupational group and level . It continues to accrueso long as service in the same occupational groupand level, and installation is uninterrupted . Seesection S.A .3 . of this Article for order of placementon 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 sectionS.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 Article38, 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 seniorityprinciples which replace all former rules, instructions andpractices . This Section of this Article will continue relative200

Article 38 .3.Eseniority standings properly established under pastinstructions, rules, and regulations . Provisions of thisSection of this Article shall be so applied in determiningthose relative seniority standings .B. 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 Articleshall be 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 quarterlyto the local Union . For each employee, it shall show :1 . Service seniority .2. Seniority for preferred assignments .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, will require201

Article 38 .3 .Fthe start of a new period of seniority for preferredassignment .F. Restoration of Service Seniority and Seniority forPreferred AssignmentsExcept as provided in Article 12, Section 2.13, seniority isrestored as if service had been continuous upon :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 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 separated; provided application forreinstatement or reemployment is made within sixmonths from the date of recovery . The date ofrecovery in the case of disability retirement must besupported by notice of recovery from theCompensation 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 in thesame installation after unwarranted or unjustifiedseparation .4 . Involuntary reassignment to another installation .202

Article 38.3.H5. Arbitrary change in the same installation to a lowerPS level to the position designation and level fromwhich promoted .G. Reduction of Seniority for Preferred AssignmentsIf, 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 group andlevel from which promoted, seniority is establishedas the employee's former period of seniority withoutcredit for employment in any other higher level orlevels .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 force employeein that level and occupational group or theemployee's own seniority, whichever is lesser, if theemployee was changed to a lower salary level priorto June 25, 1992 .3. If the change to a lower salary level occurs on or afterJune 25, 1992, seniority for preferred assignmentsshall be determined in accordance with section 2 .G.2of this Article . See section S .A .3 of this Article fororder of placement on preferred assignmentregisters .H. Seniority Granted by LawEmployees who are restored to postal duty in compliancewith law or regulation after military training or extendedmilitary duty lose no seniority .203

Article 38.3 .1I. Change in Which Seniority is ModifiedThe seniority for Maintenance Craft employees who arereassigned between installations as the result of a mutualexchange in accordance with applicable provisions of theEmployee and Labor Relations Manual will be establishedfor both employees as that of the junior employee involved .J. Seniority for Breaking TiesWhen it is necessary to determine the seniority ranking fortwo or more employees who are reassigned or promoted tovacancies in the same occupational group and level in theMaintenance Craft on the same day, the following shall beused 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 fewer than3 numbers) of the employee's social securitynumber, from the lowest to highest .K. Excess EmployeesInstallation Seniority governs in identifying excessemployees within an occupational group and level .204

Section 4. PostingArticle 38.4.AA. In the Maintenance Craft all vacant dutyassignments shall be filled as follows :When a vacant or newly established duty assignmentis to be filled, the Employer shall post for a period ofseven calendar days, a notice of intent that the dutyassignment will be filled using the appropriatepreferred assignment selection register and/orpromotion eligibility register, except for newlyestablished positions as defined in Article 1, Section5 . Such positions shall be posted as they are createdand assigned to the craft unit . A copy of the notice ofintent shall be furnished to the local Union .In addition, any employee on sick leave or off-sitetraining on the day of posting shall be furnished acopy of any applicable notice of intent . Employeesabsent for annual leave who have requested inwriting, stating their mailing address, shall have acopy of any applicable notice of intent mailed tothem .When newly established positions as defined inArticle 1, Section 5, are created in an installation orwhen an established position, for which nopromotion eligibility register has been created, isadded in an installation, the Employer shall post anotice on all official bulletin boards solicitingapplicants for inclusion on the promotion eligibilityregister .The notice shall be posted for thirty (30) calendardays . The employees who apply will receive theresults of their application(s) no later than onehundred fifty (150) days from the closing date of theapplication period, provided the applications have205

Article 38.4.A.2been properly completed by the applicants . Withinfourteen (14) days of the date of the receipt of thepromotion eligibility register results, a notice ofintent to fill the position shall be posted and theposition filled in accordance with the provisions ofArticle 38 .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 designee shalladvise the Union in writing as to the reasons the dutyassignment is being withheld .3 . If the vacant assignment is reverted, a notice shall beposted within 10 days advising of the action takenand the reasons therefor .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 time forsuch an assignment be changed by 2 or more hours,the affected assignment(s) shall be reposted, bynotice of intent . An exception to the requirement torepost an assignment where the change in startingtime is 2 or more hours may be negotiated locally . Ifthe incumbent in the assignment has more seniorityfor the preferred assignment than the senioremployee on the preferred assignment eligibilityregister for those off days or hours, the employeemay remain in the duty assignment, if the employeeso desires .5 . The determination of what constitutes a sufficientchange of duties or principal assignment areas, tocause the duty assignment to be reposted shall be asubject of negotiations at the local level .206

B. Place of PostingArticle 38 .5.AThe 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 numbers areavailable .6. The fixed or rotating schedule of days of work .7. Physical or other special requirements unusual to thespecific assignments .Section 5. Selection MethodsA. Preferred Assignment1 . The Employer will maintain and/or establishpreferred assignment selection registers . During thefirst fourteen days in January of each year a noticeadvising the employees of the opportunity to submitchanges in preferred assignment selections shall beposted on all official bulletin boards at theinstallation, including stations and branches, to207

Article 38.5.A.2assure that it comes to the attention of all employeeseligible to submit forms .The employee shall indicate preference(s) for anyvacancy that may occur during that year, includingtours and days off. Change in preferred assignmentselections shall be submitted on or before January31 . If requested, an employee will be allowed toreview the preferred assignment registers and theemployee's own preferred assignment selectionform(s) . If the employee does not submit a change inpreferred assignment selections during this period,existing preferred assignment selections shallcontinue .3 . Newly established or vacant duty assignments shallbe filled by senior employees on the appropriatepreferred assignment registers . The relative standingfor employees on the appropriate preferredassignment register shall be :a. employees by preferred assignment senioritywho entered a particular occupational group andlevel in an installation prior to June 25, 1992,followed byb .employees by preferred assignment senioritywho entered a particular occupational group andlevel in an installation on or after June 25, 1992 .All vacant or newly established craft dutyassignments shall be filled from a preferredassignment register established on the basis ofassignment selection forms submitted by MaintenanceCraft employees .5 . Where a vacant or newly established dutyassignment cannot be filled from an established208

Article 38 .5.A.7preferred assignment register, and the assignment isto be filled by means of a promotion, selection shallbe made from the appropriate promotion eligibilityregister .6. An employee may submit a new or amendedpreferred assignment selection form in the followingsituations :a . the employee is promoted ;b . the employee's duty assignment is eliminated ;c .d .e .the duty assignment would result in theemployee being assigned closer to theemployee's place of residence;because of substantiated medical or healthreasons whereby continuation in the employee'spresent assignment would be harmful;three times during each calendar year, anemployee may submit additional preferredassignment selection forms . The times selectedfor submitting the additional preferredassignment selection forms shall be at the optionof the employee .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 a fulltimeemployee from a lower salary level andoccupational group, or before any lateral transfer,providing that the part-time regular is senior to thefull-time employee in the lower level .209

Article 38 .5.138 . 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 appropriate preferredassignment register.10 . After all employees within an occupational groupand level have been assigned pursuant to a notice ofintent, consideration for filling the residual vacancywill be given to a higher level qualified employeewho has previously submitted a written request forassignment 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 of thenotice of intent . Such withdrawal, to be effective,should be back-stamped .B. PromotionsThe Employer shall continue to maintain all existingpromotion eligibility registers established under thenew maintenance selection system to be used for thepurpose of filling vacancies in particular occupationalgroups and levels . A promotion eligibility registershall be established for each occupational group andlevel for which there is a position existing or newlyauthorized in an installation . Registers establishedunder the new maintenance selection system remainin effect throughout the life of this Agreement .210

Article 38.5 .B .2Promotion eligibility registers developed by otherthan the new maintenance selection system shallremain in effect until such time as new registers areestablished by the new maintenance selectionsystem .2. The following positions in the Maintenance Craftshall be filled on the basis of seniority (seniorqualified within occupational group and level) inaccordance with the procedures established inSection 5, Article 38 .a. Custodian PS-2 (KP-1)-from any lower levelb. Custodial Laborer PS-3 (SP 6-13)-from anylower levelc . Laborer Materials Handling PS-3 (SP 1-11)-from any lower leveld. Elevator Operator PS-3 (KP-2)-from anyequivalent or lower levele .f .Elevator Starter PS-4 (SP 6-3)-from ElevatorOperator PS-3 (KP-2)Maintenance Mechanic PS-5 (SP 6087)-fromMaintenance Mechanic PS-4 (SP 6086)g. Area Maintenance Technician PS-8 (SP 6-77)from Area Maintenance Specialist PS-7 (SP 6-78)h. Materials Handling Equipment Operator PS-4(SP 1-9)-from Laborer Materials Handling PS-3(SP 1-11)211

Article 38.5 .B .3i . Cleaner-in-Charge PS-4 (SP 6-51) - fromCustodial Laborer PS-3 (SP 6-13)j .Group Leader, Custodial PS-4 (SP 6-58)-fromCustodial Laborer PS-3 (SP 6-13)k . Maintenance Support Clerk PS-6 (SP-6090) -from Maintenance Support Clerk PS-5 (SP-6089)1 . Maintenance Mechanic, MPE PS-7 (PS-8,effective November 16, 2002) (SP-6064)- fromMaintenance Mechanic PS-5 (SP-6087)m .Electronic Technician PS-9 (PS-10, effectiveNovember 16, 2002) (SP-6080) - fromMaintenance Mechanic MPE PS-7 (PS-8,effective November 16, 2002) (SP-6064)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 the basisof duties which are added to the position :a .The incumbent will remain in the upgraded jobprovided the incumbent has been in that job formore than one year . The year of requiredincumbency in the job begins when the duty orduties were added which permitted the job to bereranked .b .The job will be awarded in accordance with theAgreement if the incumbent has not been in thejob more than one year since the date when theduty or duties were added which later permittedthe job to be reranked .212

Article 38.5 .B .7To fill a vacant duty assignment at levels PS-6 andabove, a notice of intent will be posted to fill thevacancy and all residual vacancies using thepreferred assignment eligibility registers and/orpromotion eligibility registers, as necessary, until alevel PS-5 Maintenance Craft vacancy occurs . To filla vacant duty assignment at levels PS-4 and PS-5 anotice of intent will be posted to fill the vacancy andall residual vacancies using the preferred assignmenteligibility registers and/or promotion eligibilityregisters, as necessary, until a level PS-3 vacancyoccurs . To fill a vacant duty assignment at levels PS-3 and below, a notice of intent will be posted to fillthe vacancy and all residual vacancies using thepreferred assignment registers and/or promotioneligibility registers .Employees shall be notified in writing within 15calendar days of entering the Maintenance Craft inan installation, that they have 30 days in which theymay 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 .Every three years, during the month of March,beginning with March 1, 1997, 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 of theirapplication(s) no later than one hundred fifty (150)213

Article 38.5 .B .8days from March 31, provided the applications havebeen properly completed by the applicants .8 . a . The Employer will convert to banded scores allachieved scores for maintenance craft positionsand will list all successful applicants for suchpositions on promotional eligibility registers inorder of their banded scores . To determine thesuccessful applicants' banded scores, theEmployer will apply fixed 5-point bands tosuccessful applicants' achieved scores of 70 .1and above and fixed 2-point bands to candidates'achieved scores below 70 .1 . For scores of 70 .1and above, the fixed 5-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 within thatband . For example, all achieved scores betweenand including 70 .1 and 75 will become bandedscores of 75 .Where the achieved score is calculated withrespect to a 200-point range, the score shall bedivided by two before applying the bandingprinciples in section S.B .8 .a . of this Article .Where the achieved score is calculated withrespect to any other range that is not a 100-pointrange, the score shall be converted in a similarfashion .214

c .Article 38 .5.C .3Where the application of the foregoing bandingrules creates ties among successful applicants,the Employer will rank tied successful applicantsin the seniority order specified in Article 38 .3 .J .of the National Agreement.d . Section 5.13 .8 . of this Article does not apply tomaintenance craft positions governed by section5.13 .2 . of this Article when those positions arefilled on the basis of seniority (senior qualifiedwithin occupational group and level) .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 and theapplicant's seniority date .2. The successful applicant shall be placed in the newassignment within 14 days after the announcementof the successful applicant . Normally, the successfulapplicant shall work the duty assignment as posted .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 shall bereassigned as an unassigned regular in his/hercurrent occupational group and level . The employeeshall be placed in a detail assignment on the tour andnon-scheduled days in the occupational group andlevel of the duty assignment for which the training isintended . For the duration of the detail assignment,the employee will be treated as if promoted to thatposition . Upon satisfactory completion of therequired training or one (1) year from the datedetailed, whichever occurs first, the employee shall215

Article 38.6.A1be declared the successful applicant and promotedwith a preferred assignment seniority date determinedaccording to Section 2.G.2 . of this Article .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 UpdateUpon notification from an employee of the acquisition ofnew or additional training, education, or experiencepertinent to the qualifications for the position, the Employerwill request from NTAC the necessary testing materialwithin 7 calendar days of receipt of such notification . Theemployer shall have an additional 30 days to complete theupdate process . Such employee notification must befurnished within thirty (30) days of the acquisition of suchadditional training, education, or experience . The promotioneligibility register shall not be updated during the period oftime a vacant position is in the process of being filled .Employees shall be listed on this register in order ofqualifications, and all positions for promotion shall beawarded to the best qualified applicants, except thosepositions set forth in Section 5.13 .2 of this Article .Section 6. TrainingA. Maintenance Training1 . All Maintenance Craft job training opportunities inlevels 1 through 7, will be offered first to the seniorqualified volunteer within the occupational group,level and tour where the need for the skills exists .For Maintenance Craft j ob training in levels 8, 9, and10 the employee selected will be chosen from among216

Article 38 .6.A .5volunteers within the occupational group, level, andtour where the need for the skills exist . TheEmployer may choose not to select a volunteer whohas attended training for 6 or more weeks during theprevious 12 months .2. As soon as approved training allocations arereceived at the installation, advance written noticeswill be published soliciting volunteers . A list of thosevolunteers shall be posted and a copy furnished to thelocal Union .3. Only when there are no qualified volunteers asprovided for in 1 above, will involuntary selectionsbe made for training .4. Employees selected for off-site training will be givenas much advance notice as is reasonably possible .5. Upon completion of a training course of two (2) ormore weeks duration, which includes mail processingequipment maintenance as part of its curriculum, anemployee may be placed in a duty assignment forwhich the training was intended . The employee maybe required to remain in such an assignment for aperiod of three (3) months . For a training course ofthree (3) or more weeks duration, the employee maybe required to remain in such an assignment for aperiod of six (6) months . For a training course of six(6) or more weeks duration, the employee may berequired to remain in such an assignment for a periodof nine (9) months . The above applies unless :a. the employee advances to an assignmentinhigher level ;b. the duty assignment is eliminated .c .because of substantiated medical or health217

Article 38.7.Ad .reasons whereby continuation in the assignmentwould be harmful to the employee ; orthe employee has been required to remain in suchan assignment(s) for twelve (12) cumulativemonths during the life of this Agreement .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 theemployee's accountability . Under no circumstances will theemployee be required to use personal tools and equipment .Where necessary, the Employer will provide training on theuse of required tools and equipment .B. OvertimeAn overtime desired list in the Maintenance Craft shall beestablished for each occupational group and level showingspecial qualifications where necessary .C. Relief Assignments1 . When management determines that work coverage isnecessary, 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,218

Article 38 .7.Ecourt 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 intent which,in addition to the information required in Section 4 .C(Information on Notice of Intent), will also show thedays and hours of the specific duty assignment(s)being relieved .D. Full-time regular Maintenance Craft employees areentitled to bid on the positions of Examination Specialist SP2-188 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 preferredduty assignment(s) while so detailed . However, nothingcontained herein shall be construed to preclude suchtemporarily detailed employees from voluntarily terminatinga non-bargaining unit detail and returning to their craftposition . Upon return to the craft position, such employeesare eligible to accept any 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)months shall be declared vacant and shall be posted and filledin accordance with the provisions of this Article . Upon returnto the Maintenance Craft, the employee will become anunassigned regular . An employee detailed to a nonbargainingunit position will not be returned to the craftsolely to circumvent the intent of this provision.219

Article 38 .7 .EForm 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 ofForms) 1723 showing the beginning and ending time anddate of all such details .Employees detailed to non-bargaining unit positions arenot entitled to outside of schedule overtime (premium) .220

ARTICLE 39MOTOR VEHICLE CRAFTArticle 39.1Section 1 .Section 2.Section 3.SeniorityPostingSpecial ProvisionsSection 1. SeniorityA. Introduction1 . The U.S . Postal Service and the Motor Vehicle CraftDivision, APWLJ, AFL-CIO, agree to the followingseniority principles which replace all former rules,instructions and practices .This Article continues relative seniority standingsproperly established under past instructions, rules,practices and agreements and this Article shall be soapplied . Seniority standings so established shall notbe changed except to correct an error . If an employeerequests a correction of seniority standing, it is theresponsibility of the requesting employee to identifyand restate the specific instructions, rule or practicein support of the request .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 .221

Article 39.1 .13B. Seniority for Preferred AssignmentsThis seniority determines relative standing amongfull-time regular and full-time flexible employeeseligible to bid for preferred assignments . It iscomputed from entry into a regular work forceposition in a particular occupational group and level .It continues to accrue as long as service in the sameoccupational group, level, and installation continues .See BS and B6 below .Employees who change, or have changed, from onedesignation to another and who during continuousemployment in the Motor Vehicle Service and in thesame installation return to the former positiondesignation and salary level regain the seniority theyhad in that position, without seniority credit forintervening employment in other positiondesignations, except as provided for in paragraphs 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 in thesame installation, position designation, andsalary level .222

Article 39.1 .13.5b. By total length of full-time regular or part-timeflexible Motor Vehicle Service in the installationif the tie is not broken by the preceding rule .c .By total career Motor Vehicle Service time in theUSPS if the tie is not broken by the precedingrule .d. When a Motor Vehicle Service employee'scasual appointment is converted to a careerappointment the same day there is a new careerappointment, reinstatement, reassignment,transfer or promotion to the same salary leveland position designation, the converted employeeis senior and precedes the other on the part-timeflexible roll .e .When two or more employees from other craftsenter the Motor Vehicle Craft on the same date,their seniority will be determined by their totalcontinuous postal service .f . If the provisions of a . through d . above do notbreak the tie, then the tie will be broken by usingthe last three or more numbers (using onlyenough numbers to break the tie, but not fewerthan three numbers) of the employees' socialsecurity numbers, from lowest to highest .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 and theemployee so stated in his resignation andfurnished satisfactory evidence for inclusion in223

Article 391.B .5 .bb .his personnel folder, the employee receivesseniority credit for past service for the time onthe disability retirement or for illness ifreinstated or reemployed in the same postalinstallation and craft and in the same or lower PSsalary level from which originally separated ;provided application for reinstatement orreemployment is made within six months fromthe date of recovery . The date of recovery in thecase of disability retirement must be supportedby notice of recovery from the Bureau ofRetirement Insurance and Occupational Health,Office of Personnel Management, and in the caseof resignation due to illness, by a statement fromthe applicant's attending physician or practitioner .When reinstatement is to the part-time flexibleroll, standing on the roll shall be the same as ifemployment had not been interrupted by theseparation .Restoration. On restoration in the same craft inthe same installation after return from militaryservice, transfer under letter of authority orunjust removal, an employee shall regain thesame seniority rights such employee would haveif not separated .c .Reassignment and Return in 90 Days. A fulltimeregular or part-time flexible employee,voluntarily reassigned from one craft to anotheror from one occupational code to another withinthe motor vehicle craft at the same installationwith or without change in PS salary level, who isvoluntarily reassigned within 90 days back to theformer craft, position designation, and salarylevel, or occupational code within the motorvehicle craft retains seniority previously acquired224

Article 39 .1 .B .6 .din the craft augmented by the interveningemployment .6. Automotive Mechanics, Automotive TechniciansAnd Lead Automotive Mechanics (Level 8 & 9)a. The seniority of the Level 6 AutomotiveMechanics and Level 7 AutomotiveTechnicians in the installation will be mergedinto one seniority list for preferredassignments.b . Vacant Level 7 Automotive Technician dutyassignments will be filled on the basis of seniorqualified among the Level 6 AutomotiveMechanics, who are qualified as PS-7Automotive Technicians and Level 7Automotive Technicians in the installation.The filling of vacant PS-6 AutomotiveMechanic duty assignments will be on a seniorqualified basis from the PS-6 AutomotiveMechanics and PS-7 Automotive Techniciansin the installation. For PS-6 and 7 residualvacancies, the selection method will be bestqualified from any other position.c .The seniority of the Level 8 Lead AutomotiveTechnicians and Level 9 Lead AutomotiveTechnicians (AG) in the installation will bemerged into one seniority list for preferredassignments.d. Filling Level 8 Lead Automotive Technicianand Level 9 Lead Automotive Technician(AG) positions will be senior qualified fromLevel 8s and 9s. For PS-8 and 9 residual225

Article 391.B.7vacancies, the selection method will be bestqualified from any other position.e. Employees bidding pursuant to Article39.2.A.7, may bid only those duty assignmentsthat have the same position designation.7. Motor Vehicle Operators and Tractor-TrailerOperators:a .Full-time regular tractor-trailer operators biddingfor PS-6 tractor-trailer assignments shall beassigned before posting any vacant level 6assignment for bids by full-time regular level 5operators .b .Remaining PS-6 tractor-trailer assignments shallbe filled by promoting the senior qualified PS-5motor vehicle operator who bids .c .A PS-6 tractor-trailer operator may bid incompetition with a PS-5 motor vehicle operatorfor a PS-5 motor vehicle operator assignment .d .Seniority for preferred assignments is retainedupon change from a motor vehicle operator to atractor-trailer operator, or the reverse .e . For purposes of conversion to full-time,part-time flexible Motor Vehicle Operators willbe placed together with part-time flexibleTractor-Trailer Operators (TTO) on the sameRoll . When the opportunity for conversion to avacant TTO position exists, the senior TTOqualified part-time flexible, regardless of level,will be converted and placed into the vacantfull-time position . When the opportunity forconversion to a vacant Motor Vehicle Operator226

Article 391.B10position exists, and the senior part-time flexibleis a Motor Vehicle Operator, he/she will beconverted and placed into the position . If thesenior part-time flexible is a Tractor-TrailerOperator, he/she will be given the option ofaccepting the conversion . If the conversion isdeclined, the next senior part-time flexible willbe converted (if the employee is a Motor VehicleOperator) or will be given the option (if theemployee is a Tractor-Trailer Operator) . Thisprocedure will continue until the position isfilled or until all part-time flexibles on the listhave been considered .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 employed inthe same installation . The provisions of Article 12,Section S.C .7, shall be complied with beforeapplication 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 qualificationstandards established for that position will beconsidered in keeping with the provisions of Article33 .227

Article 391.C111 . Auxiliary garages beyond the normal commutingarea of the home Vehicle Maintenance Facility shallbe treated as independent facilities for the purposesof administering this Agreement, except for theapplication 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 the samelevel and have the same occupational code . Theseniority for Motor Vehicle Craft employees, whoare reassigned between installations as a result of amutual exchange in accordance with applicableprovisions of the Employee and Labor RelationsManual (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 .4 . Bid. A written request submitted to the installationhead to be assigned to a duty assignment by a fulltimeMotor Vehicle Craft employee eligible to bid ona vacancy or newly established duty assignment . Inoffices where alternative bidding procedures have228

Article 391.Dbeen established, bids, except those in 39 .2.A .6 & 7,may be submitted, at the employee's option, bytelephone 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.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.11) . When there are nosuccessful bidders from the position designation ofthe vacant assignment, the assignment shall be filledin accordance with Section 2.A .11 .8. Abolishment . A management decision to reduce thenumber of occupied duty assignments in anestablished section and/or installation .9. Residual Vacancy . A duty assignment that remainsvacant after the completion of the voluntary biddingprocess .D. Excess EmployeesLength of full-time regular or part-time flexible service(service seniority) in the Motor Vehicle Craft in the sameinstallation governs in identifying excess employees within aposition designation .229

Article 39.1.EE .ResponsibilityThe installation head is responsible for day-to-dayadministration of seniority . The application of this Articleshall be open to negotiation at the installation level with theUnion .F. Seniority ListA current seniority list shall be posted in each installation . Acopy of the updated seniority list shall be made available tothe local 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 are availableat the completion of the posting period .H. Multi-Craft PositionsAll level 5 and 6 full-time regular Motor Vehicle Craftemployees are eligible to bid for the positions ofExamination Specialist (SP 2-188) and Vehicle Operations-Maintenance Assistant (SP 2-195) .230

I .Vacation SchedulingArticle 39 .1 .5.2Part-time flexible motor vehicle operators (PS-5 and PS-6)may exercise their preference by use of their seniority forvacation scheduling .J. Temporary HolddownsConsistent with the following provisions, unassigned fulltimeregular, full-time flexible and part-time flexibleTractor-Trailer Operators (SP 5-22 ; PS-6) and MotorVehicle Operators (SP-10 ; PS-5) may, in seniority order,exercise a preference for an assignment temporarily vacantfor an anticipated duration of ten (10) days or more .The employees utilizing their seniority to select atemporary holddown assignment as above, shallwork that assignment for its duration unless : they areotherwise assigned to a permanent duty assignment ;it is clearly demonstrated that the employee cannotperform the assignment ; the assigned work beingperformed by a part-time flexible in accordance withthe above is needed to provide a full-time employeework to satisfy the 8-hour work guarantee ; or unlessthat individual is otherwise needed to fill a vacantassignment for which there are no qualifiedemployees .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 . Employees ondetail, holddown, absent and/or on any type of leaveat the time of the temporary holddown bidding willbe considered as being unavailable .3. The posting and awarding of temporary holddown231

Article 39 .2.A1bids shall not exceed 72 hours.4 . Selection of a part-time flexible for a holddownassignment in no way modifies the part-timeflexible' s employment status as to benefits and rightsunder the National Agreement not otherwisemodified as above .5 . All present and existing procedures for fillingtemporarily vacant motor vehicle assignments at thelocal level are automatically negated in favor of theforegoing holddown procedure.Section 2. PostingA. Vacant Motor Vehicle Craft duty assignmentsshall be posted as follows :1 . All vacant or newly established craft dutyassignments shall be posted or reverted within 28days . When an assignment is reverted, a notice shallbe posted immediately, indicating the action takenand the reason therefor . The local Union shall begiven 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 affected assignment(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 be asubject 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 local level,232

if it exceeds two hours .Article 39 .2.A.7An unassigned full-time employee may bid on dutyassignments posted for bid by employees in the craft .If the employee does not bid or is the unsuccessfulbidder, such employee shall be assigned in anyresidual duty assignment within the same positiondesignation . When there is more than one residualvacancy, the vacancies shall be offered to theunassigned full-time employees beginning with thesenior employee and their preference shall behonored . If additional vacancies still exist after allavailable full-time regulars have been assigned toresidual vacancies, full-time flexible employees willbe assigned to such vacancies in the same manner asprovided above . If there are more unassigned fulltimeemployees and/or full-time flexible regularemployees than vacancies, seniority will be honoredfor preferences and involuntary assignments will bemade by juniority, if necessary .6. When requested by the Union, all full-time regularMotor Vehicle Operator, Tractor-Trailer Operatorand Vehicle Operator Assistant-Bulk Mail craftassignments shall be posted for bid once eachcalendar year .All full-time regular Motor Vehicle MaintenanceCraft duty assignments may be posted for bid onceeach calendar year upon mutual agreement betweenthe parties at the local level . Absent such localagreement, Motor Vehicle Maintenance Craft dutyassignments shall be posted for bid every secondcalendar year, when requested by the Union .8. Employees bidding pursuant to 6 or 7 above, may bid233

Article 39.2.A.8only those duty assignments that have the sameposition designation .9 . Currently qualified part-time regular employees areeligible to be considered for reassignment to residualvacancies as a result of the application of 6, 7 and 8above . To be eligible for consideration, the part-timeregular employee must be senior to the senior parttimeflexible employee .10 . Motor Vehicle Craft employees temporarily detailedto a nonbargaining-unit position may not bid onvacant motor vehicle craft duty assignments while sodetailed . However, nothing contained herein shall beconstrued to preclude such temporarily detailedemployees from voluntarily terminating anonbargaining-unit detail and returning to their craftposition . Upon return to the craft position, suchemployees may exercise their right to bid on vacantmotor vehicle craft duty assignments. The dutyassignment of a full-time motor vehicle craftemployee detailed to a nonbargaining-unit position,including a nonbargaining-unit training program inexcess of four months shall be declared vacant andshall be posted for bid in accordance with thisArticle . Upon return to the craft, the employee willbecome an unassigned regular . A motor vehicle craftemployee temporarily detailed to a nonbargainingunitposition will not be returned to the craft solely tocircumvent the provisions of Section 2.A10 Form1723, Notice of Assignment, shall be used indetailing motor vehicle craft employees to temporarynonbargaining-unit positions . The Employer willprovide the Union at the local level with a copy ofForms) 1723 showing the beginning and ending ofall such details . Employees detailed to nonbargainingunitpositions are not entitled to out-of-schedulepremium.234

Article 39 .2.A.1111 . Residual vacancies for the following positions are tobe 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 employees whenbidding to assignments in a different positiondesignation .a . Position To be filled bySenior QualifiedJuniorMechanic,Automotive,SP 5-52, PS-5Garageman, KP 9, PS-4Tire Repairman Garageman, KP 9, PS-45-53, PS-5 Junior Mechanic,Automotive, SP 5-52,PS-5Tractor-TrailerOperatorSP 5-22, PS-5Tools and PartsClerk, SP 1-31,PS-5Motor Vehicle Operator,KP 10, PS-5All Motor Vehicle CraftEmployeesClerk, Vehicle MotorVehicleDispatcher, Operator, KP 10,SP 5-10, PS-5 PS-5,Tractor-TrailerOperator, SP 5-22,PS-6235

Article 39.2 .13.1Time & AttendanceClerkSP 1-29, PS-5StorekeeperAutomotive PartsSP 5-46, PS-6StorekeeperAutomotive PartsSP 5-47, PS-7All Motor VehicleCraft EmployeesAll Motor VehicleCraft EmployeesAll Motor VehicleCraft EmployeesVehicle Operations Tractor-TrailerAssistant-Bulk SP 5-22, PS-6MailsSP 5-66, PS-612 . When the opportunity for conversion to a residualfull-time vacancy, other than a Motor VehicleOperator (MVO) or Tractor Trailer Operator (TTO)position exists, the part-time flexible within the sameoccupational group and grade as the vacancy, will begiven the opportunity to accept or decline conversioninto the assignment . Declinations must be in writing .If no part-time flexible employee accepts,management may convert the senior part-timeflexible employee, from the same occupationalgroup and grade, and place him/her into the residualvacancy, or fill the residual vacancy 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 the236

Article 39 .2.D.6notice shall be given to the Union . When an absentemployee has so requested in writing, and provided apersonal mailing address, a copy of any noticeinviting bids from the craft of the employee shall bemailed to the employee by the installation head .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 .3. 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 standards andnumbers are available .6. Physical requirement unusual to the specific237

Article 39 .2.E1assignment .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 employees ona standard bid form . If such bid form is not available,a bid submitted in writing is acceptable . In thoseoffices where alternative bid procedures have beenestablished, bids (except in 39 .2.A.6 & 7), may besubmitted at the employee's option by telephone orelectronically . An employee who has submitted astandard bid form or written bid may withdraw thebid at any time before the closing date and/or time ofposting, provided the withdrawal is submitted inwriting and is back-stamped . Bids submittedthrough alternative bidding procedures may bewithdrawn before the closing date utilizing theautomated procedures .E. 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 "successful bidder ."2 . The successful bidder must be placed in the newassignment within 21 days except in the month ofDecember. The local agreement may set a shorter238

period .Article 39.3 .E3. Normally, the successful bidder shall work the dutyassignment as posted .Section 3.Special ProvisionsA. The Employer will provide adequate tools, tool kits,and equipment 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 maybe purchased 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 otherappropriate considerations, properly certified nationalrepresentatives of the Union will be given an opportunity toexamine and comment on new type vehicles during thedevelopmental stage .C. Any time that tool kits or lockers of employees are tobe inspected, the Employer agrees that, except in matterswhere there is reasonable cause to suspect criminal activity,a steward or the employee shall be given the opportunity tobe present at any inspection of employees' lockers . For ageneral inspection where employees have had priornotification of at least 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 the239

Article 39 .3 .FMotor Vehicle Craft the Employer shall give firstconsideration to the assignment of available and qualifiedmotor vehicle craft employees from the immediate work areain which the detail exists .F . Employees eligible for night differential whoparticipate in on-the-clock training will be paid theapplicable differential they would have earned for servicenormally scheduled between 6 p .m . and 6 a.m . had they notbeen temporarily rescheduled by management to attend suchtraining .G. To improve the comfort level in existing U.S . PostalService bulk mail hauling and service vehicles, directionalfans will be installed in the driver compartment during thelife of the collective-bargaining agreement .H. Training for motor vehicle maintenance employeeswill be provided on a fair and equitable basis in accordancewith service needs . First consideration will be given to thoseemployees who volunteer for such training .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 announcementfor submitting applications .J . The union, at the national level, will be allowed "readonly" access to the automated enrollment system for thevehicle maintenance training billets .240

ARTICLE 40RESERVEDArticle 40241

Article 43.1ARTICLE 41MATERIAL SUPPORT CRAFTSection 1 .Section 2 .Section 3 .Section 4DefinitionSeniorityPostingGeneral ProvisionsSection 1. DefinitionsA. Duty Assignment. A duty assignment is a set ofduties and responsibilities within a recognized positionregularly scheduled 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 installationhead to be assigned to a duty assignment by a full-timeemployee eligible to bid .D. Application. A written request by an employee forconsideration for an assignment for which the employee isnot entitled to submit a bid .E. Abolishment. A management decision to reduce thenumber of occupied duty assignment(s) in an establishedsection or installation .242

Article 41 .2 .13F . 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 .H. 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 .This Article will continue relative senioritystandings properly 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 accordance withformer rules .243

Article 41 .2.CC. ResponsibilityThe installation head shall be responsible for theadministration of seniority . A current seniority list shall beposted on official bulletin boards following the effective dateof this Agreement and a copy of the seniority list shall befurnished to the Union . Thereafter, changes to the senioritylist shall be made only when they occur and a copy of suchchanges will be provided to the Union .D. 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 transfer to,or appointment in the installation and continues toaccrue 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 .244

Article 41.2.D.3c) Total postal career service in the MaterialSupport Craft .d) Total postal career service within the installation .e) Total postal career service .f) Total postal service .g) Total Federal service as shown in the servicecomputation date .h) Numerical by the last 3 or more numbers (usingenough numbers to break the tie, but not fewerthan 3 numbers) of the employee's socialsecurity 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 be convertedto full-time in the manner set forth in thissection . When an opportunity for conversion toa Material Support Craft position exists, thevacant assignment shall be posted for applicationto all part-time flexible employees assigned tothe installation . Except for those positions filledon a best qualified basis, the senior applicantwho meets the minimum qualifications of thevacant position shall be converted to full-timeand placed into the vacant assignment within 28days of being identified as the senior applicantwho meets the minimum qualifications of thevacant position .245

Article 41 .2.D.Fc) If the opportunity for conversion is to a positionfilled on a best-qualified basis, the applicantwho best meets the qualifications of the positionshall be converted and placed into the vacantassignment . Applications from part-time flexibleemployees shall not be considered if sufficient(equal or greater number than availableassignments) full-time employees, meeting theminimum qualifications, apply .d) The date of career appointment in theinstallation shall be used for vacation scheduling .E. Changes in Which Seniority is LostExcept as specifically provided elsewhere in this Agreement,an employee begins a new period of seniority :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 any otherFederal agency ;4 . Upon a mutual exchange between the employees ; or5 . Upon being excessed/surplused from an APWUbargaining unit into the MES or MDC except that theemployee will retain his/her status of full-time orpart-time .F. Changes in Which Seniority is Retained,Regained or Restored246

Article 41.2.D.F .31 . 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 lower salarylevel, from which originally separated ; providedapplication for reinstatement or reemployment ismade within six (6) months from the date ofrecovery . The date of recovery in the case ofdisability retirement must be supported by notice ofrecovery from the Compensation Group, Office ofPersonnel 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) DaysA 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 augmented byintervening employment .247

Article 41 .2.GG. Bidding1 . All full-time positions, including higher levelpositions, shall be filled by a full-time employee whois the senior qualified bidder meeting thequalification standards for the position except for thefollowing positions, which shall be filled on a bestqualified basis :a. Mail Equipment ShopsPosition Number Position TitleSP 7-3 Lockmaker (5)SP 7-64SP 7-42SP 7-41Mail EquipmentShops Technician (9)Machine Operator (A)(6)Machine Operator (B)(6)SP 7-40 Pressman (6)The position of Senior Lockmaker, SP 7-45, (level 6),will be filled on the basis of senior qualified from theposition of Lockmaker, SP 7-3, (level 5) .b .Material Distribution CentersSP 7-29MaintenanceMechanicGeneral (Level 6)Customer ServiceClerk (Level 6)248

Article 41.2.G .3When job vacancies occur in MaintenanceMechanic-General, SP 7-29 ; or Customer ServiceClerk, employees occupying the same standardposition as the vacant position may bid for thevacancy on the basis of senior qualified, except whenthe vacant assignment is being considered forreversion or being withheld per Article 12 .The residual vacancy will be posted for applicationunless the vacancy meets one of the exceptions in thepreceding paragraph .2. The successful bidder selected on the basis of seniorqualified, shall be placed in the duty assignment fora period of up to and including thirty (30) calendardays, excluding days of absence on scheduled workdays, for the purpose of demonstrating the requiredcompetency and ability to perform the work . TheEmployer may, at any time during the thirty (30)calendar day period, return the selected employee tothe former position without prejudice if it isdetermined the employee does not possess therequired competency or ability to perform the work .In the event the selected employee is returned to theformer position during the qualifying period, theEmployer shall select another candidate for theposition from the original bid list, if any, who meetsthe position qualifications . A determination by theEmployer to disqualify a selected employee forincompetency or inability to perform the work shallbe subject to the provisions of the grievancearbitrationprocedure .3. Material Support craft employees detailed to anonbargaining unit position may not bid or apply forvacant Material Support craft assignments while sodetailed . However, nothing contained herein shall beconstrued to preclude such temporarily detailed249

Article 41 .2.Hemployees from voluntarily terminating anonbargaining detail and returning to their craftposition . Upon return to the craft position, suchemployees may exercise their right to bid or apply forvacant craft duty assignments .The duty assignment of a full-time Material Supportcraft employee detailed to a nonbargaining-unitposition, including a nonbargaining-unit trainingprogram, in excess of 4 months shall be declaredvacant and shall be posted for bid in accordance withthis Article . Upon return to the craft, the employeewill become an unassigned regular . An employeetemporarily detailed to a nonbargaining-unit positionwill not return or be returned to the craft solely toprevent the employee's assignment from beingposted for bid . Form 1723, Notice of Assignment,shall be used in detailing craft employees totemporary nonbargaining-unit positions. Theemployer will provide the Union at the local levelwith a copy of Forms) 1723 showing the beginningand ending of all such details .Employees detailed to nonbargaining-unit positionsare not entitled to out of schedule premium .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 onrestored eligibility, and were granted the benefits of PublicLaw 121 are entitled to seniority from the date the lowereligible on the same list of eligibles received a careerappointment .250

I .Filling Positions ReevaluatedArticle 41 .3.A1 . When an occupied position is upgraded on the basisof the present duties :a .b .The incumbent will remain in the upgraded jobprovided the incumbent has been in that job formore than one (1) year .The job will be posted forbid in accordance withthis Agreement if the incumbent has not been inthe job for more than one (1) year.2. When an occupied position is upgraded on the basisof duties which are added to the position :a .b .The incumbent will remain in the upgraded jobprovided the incumbent has been in that job formore than one (1) year . The year of requiredincumbency in the job begins when the duty orduties were added which permitted the job to bereranked .The job will be posted forbid in accordance withthis Article if the incumbent has not been in thejob 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 employee spendson this job before it is ranked and established shall becounted as incumbency in the position for thepurpose of being upgraded or assigned .Section 3. Principles of PostingA. Newly established and vacant duty assignmentsshall be posted as follows :251

Article 41.3.A1All 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 or wheresuch vacant duty assignment is being withheldpursuant to Article 12, Section S.B .2 . The duties of avacant assignment will not be segmented solely toavoid the posting or reversion of a vacant position .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 ornotto revert theposition shall bemade not later than twenty-eight (28) days after itbecomes vacant and if the vacant assignment isreverted, a notice shall be posted advising of theaction taken and the reasons therefor .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 change instarting time unless the change exceeds one (1) hour.Whether to post or not is negotiable at the local levelif it exceeds one (1) hour .5 . Change in duty assignment as specified below, willrequire reposting :a. A fifty percent (50%) change in actual duties tobe performed .b .A change in principal assignment area whichrequires reporting to a different physical252

Article 41 .3.13location, 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 .An employee may withdraw a bid on a postedassignment, if the withdrawal request is received inwriting prior to the closing date of the posting .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 bid submittedin writing shall be accepted .B. Place of PostingBids for an assignment shall be posted on all official bulletinboards at the installation where the vacancy exists . Copies ofthe notice shall be given to the designated Unionrepresentative . When an absent employee has so requested inwriting, providing a mailing address, a copy of any noticeinviting bids shall be mailed to the employee by theinstallation head . Posting and bidding for preferred dutyassignments shall be installation-wide unless otherwisespecified.253

Article 41 .3.E.4C. 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) .4 . 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 Bidder .1 . 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 thatposition or the best qualified selection, if254

Article 41 .3 .4applicable, shall be designated 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 ;b . to a job in a higher level ;c .d .due to elimination or reposting of the dutyassignment ; orbecause 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 ;255

Article 41 .4.Ac .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 within theinstallation . Such definition will be confined to one or moreof the following :1 . pay location ;2 . by floor ;3. tour;4. 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 employees whorequire such items for the performance of their assignedfunction . The determination as to what tools, tool kits andequipment are required and the adequacy of such items willbe made by the Employer . Where the Employer determinesthat tools are obsolete, such tools will be recalled andremoved from the employees' accountability .256

B. Anti-Fatigue MeasuresArticle 43 .1The subject of fatigue as it relates to the safety and health ofan employee is a proper subject for the consideration of theJoint Labor-Management Safety Committee as provided inArticle 14 of this Agreement . The Employer will continuepast practices with regard to anti-fatigue devices .ARTICLE 42ENERGY SHORTAGESIn the event of an energy crisis, the Employer shall makeevery reasonable attempt to secure a high priority from theappropriate Federal agency to obtain the fuel necessary forthe satisfactory maintenance of postal operations . In such acase, or in the event of any serious widespread energyshortage, the Employer and the Union shall meet and discussthe problems and proposed solutions through the LaborManagement Committee provided in Article 17 .(The preceding Article, Article 42, shall apply toTransitional Employees)ARTICLE 43SEPARABILITY AND DURATIONSection 1. SeparabilityShould any part of this Agreement or any provisioncontained herein be rendered or declared invalid by reason ofany existing or subsequently enacted legislation orby a courtof competent jurisdiction, such invalidation of such part orprovision of this Agreement shall not invalidate theremaining portions of this Agreement, and they shall remainin full force and effect .257

Article 43 .2Section 2. DurationUnless otherwise provided, this Agreement shall be effectiveDecember 18, 2001, and shall remain in full force and effectto and including 12 midnight November 20, 2003, and unlesseither party desires to terminate or modify it, for successiveannual periods . The party demanding such termination ormodification must serve written notice of such intent to theother party, not less than 90 or more than 120 days before theexpiration date of the Agreement .(The preceding Article, Article 43, shall apply toTransitional Employees)258

APPENDIX AAPWU Transitional EmployeeMemorandaMEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe :Transitional Employee1 . The parties agree to the following principles :a .b .c .The transitional work force will be comprised ofnoncareer, bargaining unit employees .Transitional employees will be hired for a term not toexceed 360 calendar days and will have a break inservice of at least 5 days between appointments .Pursuant to the Goldberg Interest ArbitrationAward without limitation as to their use oroperational justification, the total number ofAPWU Transitional Employees working in non-REC sites will be in accordance with the schedulebelow. The Postal Service will phase out all non-REC Transitional Employees by no later thanDecember 31, 2005 . REC TransitionalEmployees, who are governed by a separateMemorandum of Understanding and relatedagreements, shall continue . This portion of theAward dealing with non-REC TransitionalEmployees shall not be raised during the 2003National Negotiations or during any relatedinterest arbitration proceedings.259

Calendar YearNumberJanuary 1, 2002 through December 31, 2002 4,000 TE'sJanuary 1, 2003 through December 31, 2003 4,000 TE'sJanuary 1, 2004 through December 31, 2004 4,000 TE'sJanuary 1, 2005 through December 31, 2005 4,000 TE's(1) The number of TEs will be apportioned to eachArea Office by Headquarters and provided to theAPWU at the National Level. Each Area Officewill allocate a number from their total number ofAPWU TEs by craft to installations within itsArea .(2) The Postal Service may re-evaluate its need forTEs and redistribute them as it deems appropriate.The total number of TEs in the Postal Service willnot increase beyond the allocated number for eachtime frame as described above.(3) At the National level, on an Accounting Period(AP) basis, the Postal Service will provide a list bycraft of on-rolls TEs by finance number. Inaddition, the local union representative will beprovided with all TE hiring activity by craft as itoccurs .d. Leave provisions for transitional employees areincluded in Attachment A.2. Reassignment of Career Employees Outside of a Section,Craft, or Installation :a .Prior to reassigning career employees outside of asection, craft, or installation, management will offerimpacted career employees, on a seniority basis, theopportunity to work any existing transitionalassignment.260

.There will be no out-of-schedule pay or trainingprovided to qualify the impacted employees for thesetemporary assignments .3. Layoff of Career Employees :a .b .Prior to laying off career employees, managementwill offer the impacted employees the opportunity towork any existing transitional assignments within theinstallation .There will be no out-of-schedule pay or trainingprovided to qualify the impacted employees for thesetemporary assignments .4. Light DutyArticle 13 does not apply to transitional employees . However,Article 13 does not prohibit the assignment ofAPWU transitional employees to light duty.5. Article 15 :a .b .c .The parties recognize that transitional employees willhave access to the grievance procedure for thoseprovisions which the parties have agreed apply totransitional employees .Nothing herein will be construed as a waiver of theemployer's obligation under the National LaborRelations Act . Transitional employees will not bedischarged for exercising their rights under thegrievance- arbitration procedure .The separation of transitional employees uponcompletion of their 360-day term and the decision tonot reappoint transitional employees to a new term arenot grievable .261

Transitional employees may be separated for lack ofwork at any time . Such separation is not grievableexcept where it is alleged that the separation ispretextual .Transitional employees may be disciplined orremoved within the term of their appointment for justcause and any such discipline or removal will besubject to the grievance-arbitration procedure,provided that within the immediately preceding sixmonths, the employee has completed ninety (90) workdays, or has been employed for 120 calendar days,whichever comes first .In the case of removal for cause within the term of anappointment, a transitional employee shall be entitledto advance written notice of the charges against him/her in accordance with the provisions of Article 16 ofthe National Agreement.This Section c is effective June 7, 1996 .6. Health InsuranceAfter an initial appointment for a 360-day term and uponreappointment to another 360-day term, any eligible noncareertransitional employee who wants to pay healthpremiums to participate in the Federal Employees HealthBenefits (FEHB) Program on a pre-tax basis will be requiredto make an election to do so in accordance with procedures tobe published as soon as administratively practicable . Thetotal cost of health insurance is the responsibility of the noncareertransitional employee .7. Higher Level PayEffective June 8, 1996, in the event a transitional employee(TE) is temporarily assigned to a higher level position, such262

employee will be paid at the higher level only for the timeactually spent on such job . This language should not beconstrued to encourage the Postal Service to temporarilyassign such employees to higher level positions . When theopportunity exist for higher level assignment, theprinciple of preference for career employees overtransitional employees should be utilized.Peter A. SgroManagerContract AdministrationU.S . Postal ServiceGreg Bell, DirectorIndustrial RelationsAmerican Postal WorkersUnion, AFL-CIODate: March 7, 2002263

ATTACHMENT ATRANSITIONAL EMPLOYEE ANNUAL LEAVEPROVISIONS :I .GENERALA. Purpose . Annual leave is provided to transitionalemployees for rest, recreation, emergency purposes,and illness or injury .1 . Accrual of Annual Leave. Transitional employeesearn annual leave based on the number of hours inwhich they are in a pay status in each pay period .Rate of Accrual Hours in Hours of AnnualPay Status Leave Earned PerPay Period1 hour for each 20 1unit of 20 hours 40 2in pay status in 60 3each pay period 80 4 (maY.)2 . Biweekly Crediting . Annual leave accrues and iscredited in whole hours at the end of eachbiweekly pay period .Payment For Accumulated Annual Leave. Aseparating transitional employee may receive alump-sum payment for accumulated annual leavesubject to the following condition :a .A transitional employee whose separation is effectivebefore the last Friday of a pay period does not receive264

credit or terminal leave payment for the leave thatwould have accrued during that pay period .II .AUTHORIZING ANNUAL LEAVEA. General . Except for emergencies, annual leave fortransitional employees must be requested on Form3971 and approved in advance by the appropriatesupervisor .B. Emergencies and Illness or Injury . An exception to theadvance approval requirement is made for emergenciesand illness or injury ; however, in these situations, thetransitional employee must notify appropriate postalauthorities as soon as possible as to the emergency orillness/injury and the expected duration of theabsence . As soon as possible after return to duty,transitional employees must submit Form 3971 andexplain the reason for the emergency or illness/injuryto their supervisor. Supervisors approve or disapprovethe leave request . When the request is disapproved,the absence may be recorded as AWOL at thediscretion of the supervisor as outlined in SectionIV.B below .III .UNSCHEDULED ABSENCEA. Definition . Unscheduled absences are any absencesfrom work that are not requested and approved inadvance.B. Transitional Employee Responsibilities . Transitionalemployees are expected to maintain their assignedschedule and must make every effort to avoidunscheduled absences . In addition, transitionalemployees must provide acceptable evidence forabsences when required .265

IV .FORM 3971, REQUEST FOR, OR NOTIFICATIONOF, ABSENCEA. Purpose . Application for annual leave is made inwriting, in duplicate, on Form 3971, Request for, orNotification of, Absence .B .Approval/Disapproval . The supervisor is responsiblefor approving or disapproving application for annualleave by signing Form 3971, a copy of which is givento the transitional employee . If a supervisor does notapprove an application for leave, the disapprovedblock on Form 3971 is checked and the reasons givenin writing in the space provided . When a request isdisapproved, the reasons for disapproval must benoted . AWOL determinations must be similarlynoted .Peter A. SgroManagerContract AdministrationU.S . Postal ServiceGreg Bell, DirectorIndustrial RelationsAmerican Postal WorkersUnion, AFL-CIODate : March 7, 2002266

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe :Transitional EmployeesThe parties agree that only the following articles and portionsof articles of the National Agreement as they appear in boldface print below apply to transitional employees :Article 1Article 2Article 3Article 5Article 7ARTICLE 7EMPLOYEE CLASSIFICATIONSection 1. Definition and UseC. Transitional Work Force1 . The transitional work force shall be comprised ofnoncareer, bargaining unit employees .2. Over the course of a pay period, the Employer willmake a reasonable effort to ensure that qualified andavailable part-time flexible employees are utilized atthe straight-time rate prior to assigning such work to267

transitional employees working the same work locationand on the same tour .3. Transitional employees shall be hired pursuant to suchprocedures as the Employer may establish. They willbe hired for a time not to exceed 360 calendar days foreach appointment . Such employees have no daily orweekly work hour guarantees, except as provided for inArticle 8 .8.D . Transitional employees will have a breakin service of at least 5 days between appointments .4. Without limitation as to their use or operationaljustification, the total number of APWU TransitionalEmployees working in non-REC sites will be inaccordance with the schedule below. The PostalService will phase out all non-REC TransitionalEmployees by no later than December 31, 2005 .Calendar YearNumberJanuary 1, 2002 through December 31, 2002 4,000 TE'sJanuary 1, 2003 through December 31, 2003 4,000 TE'sJanuary 1, 2004 through December 31, 2004 4,000 TE'sJanuary 1, 2005 through December 31, 2005 4,000 TE'sARTICLE 8HOURS OF WORKSection 3.ExceptionsThe above shall not apply to part-time employees andtransitional employees.Part-time employees will be scheduled in accordance withthe above rules, except they may be scheduled for less thaneight (8) hours per service day and less than forty (40) hoursper normal work week .268

Transitional employees will be scheduled in accordance withSection 2, A and B, of this Article .Section 4. Overtime WorkTransitional employees shall be paid overtime for workperformed in excess of forty (40) work hours in any oneservice week . Overtime pay for transitional employees is tobe paid at the rate of one and one-half (11/2) times the basichourly straight-time rate .When an opportunity exists for overtime for qualified andavailable full-time employees, doing similar work in thework location where the employees regularly work, prior toutilizing a transitional employee in excess of eight (8) workhours in a service day, such qualified and available full-timeemployees on the appropriate Overtime Desired List will beselected to perform such work in order of their seniority on arotating basis .Section 7.Night Shift DifferentialEffective for the period November 21, 2000 ,throughNovember 20, 2003 for time worked between the hours of6:00 p.m . and 6:00 a.m ., employees shall be paid additionalcompensation at the applicable flat dollar amount at each paygrade and step in accordance with the attached table (TableThree) .Section 8. GuaranteesD . Effective June 7, 1996, any transitional employee whois scheduled to work and who reports shall be guaranteed two(2) hours of work or pay . Such work or pay shall not beguaranteed if such employees are directed not to report aheadof the time they were scheduled to report to work .269

Section 9.Wash-up TimeInstallation heads shall grant reasonable wash-up time tothose employees 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 shall apply to TransitionalEmployees) .ARTICLE 9SALARIES AND WAGESSection 7. Transitional EmployeeThe hourly rates for transitional employees shall beincreased for all grades as follows :Effective November 18, 2000 -Effective November 17, 2001 -Effective November 16, 2002-the hourly rates for allgrades shall be increaseby 1.2%, basedon the salary scheduleappended hereto(Table 2) .the hourly rates for allgrades shall be increasedby 1.8%, basedon the salary scheduleappended hereto(Table 2) .the hourly rates for allgrades shall be increasedby 1.4%, basedon the salary scheduleappended hereto(Table 2) .270

ARTICLE 10LEAVESection 2.Leave RegulationsA . The leave regulations in Subchapter 510 of theEmployee and Labor Relations Manual, insofar as suchregulations establish wages, hours and workingconditions of employees covered by this Agreement,other than transitional employees, shall remain in effectfor the life of this Agreement .B . Career employees will be given preference overnoncareer employees 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 this decision .ARTICLE 11HOLIDAYSSection 6. Holiday ScheduleD . Transitional employees will be scheduled for work on aholiday or designated holiday after all full-timevolunteers are scheduled to work on their holiday ordesignated holiday . They will be scheduled, to the extentpossible, prior to any full-time volunteers ornonvolunteers being scheduled to work a nonscheduledday or any full-time nonvolunteers being required towork their holiday or designated holiday . If the partieshave locally negotiated a pecking order that wouldschedule full-time volunteers on a nonscheduled day, theLocal Memorandum of Understanding will apply .271

Article 14Article 15Article 17 Sections 2, 3, 4, 6, and 7Article 18Article 19ARTICLE 19HANDBOOKS AND MANUALSNew Paragraph 3: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 transitional employees only to the extentconsistent with other rights and characteristics of transitionalemployees negotiated in this Agreement and otherwise asthey apply to the supplemental work force . The Employershall have the right to make changes to handbooks, manualsand published regulations as they relate to transitionalemployees pursuant to the same standards and proceduresfound in Article 19 of this Agreement .Article 20Article 22Article 23Article 24Article 27272

Article 28Article 31Article 32Article 34Article 36Article 42Article 43Only the following Memorandums of Understanding fromthe 1990 National Agreement shall apply to TransitionalEmployees :Use of Privately Owned VehiclesLeave SharingLeave Without PayPeter A. SgroManagerContract AdministrationU.S . Postal ServiceGreg Bell, DirectorIndustrial RelationsAmerican Postal WorkersUnion, AFL-CIODate: March 7, 2002273

APPENDIX BMEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION .AFL-CIOIn the interest of enhancing career employment opportunitiesfor APWU transitional employees, the Postal Service and theAPWU agree as follows :APWU transitional employees (TEs) (as set forth in theTE Agreements of 12/31/91 and 2/2/93), who havecompleted 180 days of employment as a TE and are stillon the TE rolls, may take two such entranceexaminations for career position(s) in APWUrepresentedcrafts . Only two such examinationopportunities will be provided each eligible TE pursuantto this memorandum, except that eligible TEs will bepermitted to retake any exam which is subsequentlydiscontinued and replaced .Eligible TEs who wish to take an entrance examinationfor career position(s) in APWU-represented crafts mustsubmit their request in writing to the appropriatepersonnel office . The local union will be providedwritten notification of TEs who have submitted suchrequests . The requested examinations will be administeredto eligible TEs consistent with normal scheduling of theexams.3 . Each TE's exam results will be scored, including anyapplicable veterans' preference points and passingscores, will be merged with the existing register for thatexam . Eligible TEs who already have a passing test scoreon the same register will have the option of merging the274

new test score with the existing register in lieu of theirold test score . Thereafter, normal competitive selectionprocedures will apply in making appointments to careerpositions .4 . This agreement will be effective from June 7, 1996,through November 20, 2003 . Nothing herein is intendedto limit any veterans' preference in hiring as establishedby law.Peter A. SgroManagerContract AdministrationU.S . Postal ServiceGreg Bell, DirectorIndustrial RelationsAmerican Postal WorkersUnion, AFL-CIODate: March 7, 2002275

APPENDIX BMemorandums of UnderstandingsandLetters of IntentMEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION .AFL-CIORE : MEMORANDA OF UNDERSTANDINGLETTERS OF INTENTANDThe parties agree that except for those National levelMemoranda of Understanding and Memoranda of Intent(MOUs) as well as National level Letters of Intent (LOIs)that have a specific expiration date, or are otherwise by theirterms limited to actions occurring during a NationalAgreement, all other National MOUs/LOIs shall continueunless modified or eliminated either by agreement or as aresult of interest arbitration . The parties further agree thatthis understanding includes all National Level MOUs andLOIs set forth in each of the parties' printing of the 1998-2000 National Agreement as well as all other National levelMOUs and LOIs .276

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe :Deaf and Hard of HearingREASONABLE ACCOMMODATION FOR THEDEAF AND HARD OF HEARINGMANAGEMENT'S RESPONSIBILITYManagement has an obligation to reasonably accommodateDeaf and Hard of Hearing employees and applicants whorequest assistance in communicating with or understandingothers in work related situations, such as :a. During investigatory interviews which may lead todiscipline, discussions with a supervisor on jobperformance or conduct, or presentation of agrievance .b. During some aspects of training including formalclassroom instruction .c .During portions of EAP programs and EEOcounselings .d. In critical elements of the selection process such asduring testing and interviews .e .During employee orientations and safety talks, CFCand saving bond drive kickoff meetings .f . During the filing or meetings concerning anemployee's OWCP claim.277

A reasonable accommodation must be approached on ahighly individual, case by case basis . The individual's inputmust be considered prior to making a decision regardingaccommodation .IMPLEMENTATIONThis obligation is met by selecting an appropriate resourcefrom the variety of resources available . In selecting aresource, the following, among others, should be considered,as appropriate :The ability of the deaf or hard of hearing employee tounderstand various methods of communication andthe ability 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 .Available resources which should be considered include :a .Installation heads are authorized to pay for certifiedinterpreters . Every effort will be made to providecertified interpreters when deemed necessary by anapplication of the principles set forth herein .b . In some states, the Division of VocationalRehabilitation (DVR) provides interpreters at nocharge . When a decision is made that an interpreter isthe appropriate accommodation and a DVRinterpreter is not available other methods of securingan interpreter should be used .278

c .Volunteer interpreters or individuals skilled insigning may be obtained from the work force or fromthe community . The skill level of such personsshould be considered .d. In some situations, written communications may beappropriate . The deaf or hard of hearing employee'sability to understand written communications shouldbe considered .e .f .Supervisors, training specialists, EAP, and EEOcounselors may be trained in sign language .Deaf or hard of hearing applicants should normallybe scheduled for a specific examination time whenan interpreter will be available .g. State or Federal relay services may provide a way fora deaf or hard of hearing employee to conduct postalbusiness by telephone with other employees andcustomers .Management will provide the following assistance for deafand/or hard of hearing employees :a. All films or videotapes designed for the training orinstruction of regular work force employeesdeveloped on or after October 1, 1987, shall beopened or closed captioned . To the extentpracticable, existing films or videotapes developednationally that will continue to be used by deaf orhard of hearing employees with some frequency, willbe opened or closed captioned .b. Special telecommunications devices for the deaf willbe installed in all postal installations employing deafemployees in the regular work force . Special279

telecommunications devices or telephone volumecontrol devices will be installed for hard of hearingemployees whenever a hard of hearing employeeneeds a reasonable accommodation in order tocommunicate by phone . These devices will beavailable to deaf and/or hard of hearing employeesfor official business and in the case of personalemergencies . As appropriate, Management willprovide training to staff on the use of these specialtelecommunications devices .c .A visual alarm will be installed on all movingpowered industrial equipment in all postal installationsemploying deaf employees in the regular work forceor in any installation where such a reasonableaccommodation is necessary for a hard of hearingemployee .Visual fire alarms will be installed in all new postalinstallations (installations for which the U.S . PostalService, as of June 12, 1991, had not awardedcontract for the design of the building) where thePostal Service installs audible fire alarms . Theparties will discuss and seek to agree at the local levelabout the installation in such other facilities as maybe appropriate .JOINT LABOR-MANAGEMENT MEETINGSDiscussion of problem areas with regard to the use ofcertified sign interpreters, enhancement of job opportunitiesfor the deaf and hard of hearing, type of specialtelecommunications devices or volume control devices tobe installed, installation of visual alarms or other systemssuch as tactile devices at other than new postal installations,and the availability of new technologies which mayhelp deaf and hard of hearing employees perform a varietyof tasks are appropriate matters for consideration at Joint280

Labor-Management meetings . Discussion of such mattersat Labor-Management meetings is not a prerequisite to thefiling or processing of a grievance.MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIORe:Layoff ProtectionEach employee who is employed in the regular work forceas of November 20, 2000, and who has not acquired the protectionprovided under Article 6 shall be protected henceforthagainst any involuntary layoff or force reduction duringthe term of this Agreement . It is the intent of this Memorandumof Understanding to provide j ob security to each suchemployee during the term of this Agreement ; however, inthe event Congress repeals or significantly relaxes the PrivateExpress Statutes this Memorandum shall expire uponthe enactment of such legislation . In addition, nothing inthis Memorandum of Understanding shall diminish the rightsof any bargaining-unit employees under Article 6 .Since this Memorandum of Understanding is being enteredinto on a nonprecedential basis, it shall terminate for all purposesat midnight, November 20, 2003, and may not be citedor used in any subsequent dispute resolution proceedings .281

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO andNational Association of Letter Carriers, AFL-CIO)Re : Article 7.3Part-time flexible employees with three (3) or more years ofservice in the same craft and same installation on the effectivedate of this award, who are employed in an office with200 or more man years of employment will not have theiraverage weekly workhours reduced as a result of the revisionto Article 7.3 of the 1990 National Agreement .Nothing shall preclude management from reducing suchhours for other legitimate reasons .The average weekly workhours for the part-time flexibleemployees with three (3) or more years of service will be theweekly workhour average for the 12 months prior to the effectivedate of this Agreement . The weekly workhour averagecannot exceed forty (40) hours or be combined with anypaid leave to exceed forty (40) hours .282

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(The American Postal Workers Union, AFL-CIO, andNational Association of Letter Carriers, AFL-CIO)Re :Article 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 2000 NationalAgreement, cross craft assignments of employees, on both atemporary and permanent basis, shall continue as they weremade among the six crafts under the 1978 NationalAgreement .B. It is also agreed that where the 2000 Agreement makesreference to offices/facilities/installations with a certainnumber of employees or man years, that number shallinclude all categories of bargaining unit employees in theoffice/facility/installation who were covered by the 1978National Agreement .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIORe : Maximization/Full-time Flexible - APWUWhere a part-time flexible has performed duties within hiscraft and occupational group within an installation at least40 hours a week (8 within 9, or 8 within 10, as applicable),5 days a week, over a period of 6 months, the senior part-283

time flexible shall be converted to full-time status .This criteria shall be applied to postal installations with 125or more 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 operational requirementsas established on the preceding Wednesday .The parties will implement this in accordance with their pastpractice .Date : July 21, 1987MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIORe :Conversions under the Maximization MemorandumAs discussed, when a full-time assignment(s) is being withheldin accordance with Article 12, the subsequent backfillingof the assignment(s) will not count towards the time consideredfor maximizing full-time duty assignments, in accordancewith the Memorandum 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 qualificationin not being performed on assignment(s) described above .284

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 inconsistentwith the best interests of postal employees and the PostalService, it is the intent of the parties in adopting changes toArticle 8 to limit overtime, to avoid excessive mandatoryovertime, and to protect the interests of employees who donot wish to work overtime, while recognizing that bona fideoperational requirements do exist that necessitate the use ofovertime from time to time . The parties have agreed to certainadditional restrictions on overtime work, while agreeingto continue the use of overtime desired lists to protectthe interests of those employees who do not want to workovertime, and the interests of those who seek to work limitedovertime . The parties agree this memorandum does notgive rise to any contractual commitment beyond the provisionsof Article 8, but is intended to set forth the underlyingprinciples which brought the 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 of employeesnot on the overtime desired list when there are insufficientemployees 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 workhoursare needed to get the mail out within the next hour, all tenemployees may be required to work overtime . But if thereare 2 hours within which to get the mail out, then only thefive on the overtime desired list may be required to work .285

The parties agree that Article 8, Section 5.G .1 ., does not permitthe Employer to require employees on the overtime desiredlist to work overtime on more than 4 of the employee's5 scheduled days in a service week, over 8 hours on a nonscheduledday, 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 weekare available to do the needed work without exceeding the12-hour and 60-hour limitations .In the Letter Carrier Craft, where management determinesthat overtime or auxiliary assistance is needed on an employee'sroute on one of the employee's regularly scheduled daysand the employee is not on the overtime desired list, theemployer will seek to utilize auxiliary assistance, when available,rather than requiring the employee to work mandatoryovertime .In the event these principles are contravened, the appropriatecorrection shall not obligate the Employer to any monetaryobligation, but instead will be reflected in a correctionto the opportunities available within the list . In order toachieve the objectives of this memorandum, the method ofimplementation of these principles shall be to provide, duringthe 2-week period prior to the start of each calendar quarter,an opportunity for employees placing their name on thelist to indicate their availability for the duration of the quarterto work in excess of 10 hours in a day . During the quarterthe Employer may require employees on the overtime desiredlist to work these extra hours if there is an insufficientnumber of employees available who have indicated suchavailability at the beginning of the quarter .286

The penalty overtime provisions of Article 8.4 are not intendedto encourage or result in the use of any overtime inexcess of the restrictions contained in Article 8.51 .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNIONAFL-CIORe :Article 8 Questions and Answers1 . Must all employees on the OTDL be utilized 12 hours perday before an employee not on the list works anyovertime?Response :Yes, except when there are time-criticalprocessing needs that cannot be metunless non-list employees are worked .For example, if there are five availableemployees on the overtime desired listand five not on it, and 10 hours are neededto get the mail out within the next hour, allten employees may be required to workovertime . But if there are two hours withinwhich to get the mail out, then only thefive on the overtime desired list may berequired to work .2 . What is the proper remedy when an employee who is onthe overtime desired list is improperly passed over in theselection for overtime work assignments?Response : a . When, for any reason, an employee on theOTDL, who has the necessary skills, is287

.c .available, but is improperly passed overand another employee on the list isselected for overtime work out of rotation,such employee shall within 90 days of thedate the error was discovered, be given asimilar make-up opportunity .Should no similar make-up overtimeopportunity present itself within 90 days,the employee who was passed over shallbe paid for an equal number of hours at theovertime rate for the opportunity missed .When, for any reason, an employee on theOTDL, who has the necessary skills, isavailable, but is improperly passed overand another employee not on the list isselected for overtime work, the employeewho was passed over shall be paid for anequal number of hours at the overtime ratefor the opportunity missed .When a question arises as to the properadministration of the "Overtime Desired"list at the local level, an APWU stewardmay have access to appropriate overtimerecords .Additionally, in an effort to reduce the number ofgrievances associated with overtime scheduling, theparties have agreed to further develop a series ofquestions and answers that will comprise the parties'joint interpretation of Article 8 issues . The parties will bebound by these joint interpretations and grievances willnot be filed asserting a position contrary to a jointinterpretation . The parties further agree that the Article8 Questions and Answers will become part of a largerjoint contract manual that will be developed by theparties . The Article 8 Questions and Answers, however,288

may be distributed for implementation by the parties'representatives in advance of the publication of the jointcontract manual .The parties have agreed to complete the Article 8 Questionsand Answers no later than June 1999 .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe :Modified Work WeekThe parties at the local level may negotiate theestablishment and implementation of a modified workweek program for APWU bargaining unit employees inone or more Postal Service operations within localinstallations . The modified work week is defined as four(4) service days, each consisting of ten (10) hours withintwelve (12) consecutive hours, except that it shall be ten(10) hours within eleven (11) consecutive hours in alloffices with more than 100 full-time employees in thebargaining units. Modified work weeks can be appliedonly to full-time regular duty assignments.Any such program establishing and implementing amodified work week is subject to the followingconditions :1. Either management or the union at the local levelmay choose to negotiate or not negotiate a modifiedwork week. A decision by management or the unionnot to participate in a modified work week program289

will not be subject to the Article 30 impasse process,the grievance/arbitration procedure, or appealablein any other forum.2. Cancellation of either local party's involvement in amodified work week program will be automatic upon30 days written notice . Cancellation by either partywill not be subject to the grievance/arbitrationprocedure or appealable in any other forum.3. Rules established by the parties at the national levelin the "Modified Work Week (10/4) Guidelines" or itsamendments must be followed.4. Alleged violations of this memorandum ofunderstanding or any program implemented inaccordance with this memorandum are subject to theArticle 15 grievance procedure.5. Except as provided for in this MOU or the ModifiedWork Week Guidelines, no modified work weekprogram can be inconsistent or in conflict with theNational Agreement.Dated: December 18, 2001Anthony J. VeglianteVice President for LaborRelationsUnited States Postal ServiceWilliam BurrusPresidentAmerican PostalWorkers Union, AFL-CIOThis MOU will be printed inAgreement .the 2000 National290

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEANDAMERICAN POSTAL WORKERS, UNION, AFL-CIOIn accordance with the Memorandum of Understandingregarding the "Modified Work Week" datedDecember 18, 2001, the MOU will be printed in the2000 National Agreement. The parties further agreethat the rules established by the parties at the nationallevel in the "Modified Work Week (10/4) Guidelines"will be printed in the 2000 National Agreement as"Appendix A" to the Modified Work Week MOU.Peter A. SgroManagerContract AdministrationUnited States Postal ServiceDated: January 30, 2002Greg Bell, DirectorIndustrial RelationsAmerican PostalWorkers Union, AFL-CIO291

APPENDIX AMEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEANDAMERICAN POSTAL WORKERS, UNION, AFL-CIORe :Modified Work Week (10/4) GuidelinesThe following rules apply to full-time employees in theAPWU bargaining unit.1. OvertimeParticipants will receive postal overtime pay for workperformed only after 10 hours in a pay status on aregularly scheduled day, or after 40 hours in a pay statusin a service week, and for the first 8 hours in a pay statuson the first nonscheduled day worked in a service week.Non-scheduled day guarantees remain at 8 hours .Excluding December, participants will receive penaltyovertime for 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 straighttime hours worked (i.e., 10 per workday) but shall belimited to 16 hours per week.292

3. Leave will be charged up to 10 hours per day,therefore it will be necessary to use ten hours leave tocover a full day.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 maybe changed back to 8/5 for those weeks during whichcourt service 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'sschedule may be changed back to 8/5 for those weeksin which the employee will be on military leave forfive or more days.6. When appropriate, Administrative leave may begranted up to 10 hours per day.7. Employees are currently provided 80 hours ofholiday leave per year (10 holidays at 8 hours perholiday) . To maintain this level of holiday leave whileassigned to an alternate work schedule, the localparties must elect one of the following options prior toimplementing alternate work schedules.Participants will receive 80 hours of holiday leave peryear regardless of which option is chosen.Option 1During the weeks in which a holiday or designated holidayfalls, the employees revert back to an 8/5 schedule .Holiday leave and holiday worked premium policies remainthe same as for the current 8/5 schedule.293

Option 2Washington's Birthday and Columbus Day are consideredregular workdays and are not treated as holidaysfor purposes of scheduling or compensating employeesin 10/4. In effect, these two holidays are spread out amongthe remaining 8 holidays .Ten hours of holiday leave will be charged and holidayworked premium will be limited to 10 hours on each ofthe 8 holidays .If a participant, in this option, enters or leaves the 10/4work week during the calendar year he/she will use AnnualLeave or LWOP, to the extent necessary, on the remainingholidays to ensure that the total holiday leavefor the calendar year does not exceed 80 hours.Payroll and budget systems only recognize holidays withincertain weeks within certain pay periods. As such, it isnecessary to establish designated holidays somewhat differentlyfrom current policy. When a holiday falls on anemployee's non-scheduled day, the employee's first scheduledworkday preceding the holiday becomes theemployee's designated holiday . An 8/5 employee who hasMonday as a nonscheduled would have either the precedingSaturday or Sunday as their designated holidaybecause one of those two days would have to be a regularlyscheduled workday. Under 10/4, an employee mayhave Saturday, Sunday and Monday as their non-scheduleddays, which would mean establishing the previousFriday as their designated holiday. This may fall outsideof the week of the pay period in which the holiday hasbeen provided for in the payroll and budget systems.Accordingly, designated holidays for 10/4 employees withthese scheduled days off (SDOs) should be established asfollows :294

SDOs ACTUAL DESIGNATEDHOLIDAY HOLIDAY1,2,3 Saturday Friday (prior)SundayTuesdayMonday TuesdayThe following schedule is to keep the employee's designatedholiday as close to the actual holiday as possible :2,3,4 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 trainingis completed . 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 thoseset forth in 1 through 7 above, which are based on 8-hour days and/or 5-day weeks for non-10/4 nonparticipants,will be based on 10-hour days and/or 4-day weeks for participants .295

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO andNational Association of Letter Carriers, AFL-CIO)Re :Granting Step IncreasesThe parties agree that periodic step increases will not be withheldfor reason of unsatisfactory performance and that allother aspects of the current step increase procedures remainunchanged, unless otherwise provided for by the 1990 NationalAgreement .The Employee and Labor Relations Manual (ELM) shall beamended to conform with the above stated agreement.MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe :Annual Leave Exchange OptionThe parties agree that APWU career employees will beallowed to sell back a maximum of forty (40) hours of annualleave prior to the beginning of the leave year provided thefollowing 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 year296

for which the leave is being exchanged.This Memorandum of Understanding expires with theexpiration of the 2000 National Agreement .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 2000 NationalAgreement, sick leave may be used by an employee to givecare or otherwise attend to a family member having anillness, injury or other condition which, if an employee hadsuch condition, would justify the use of sick leave by thatemployee . Family members shall include son or daughter,parent and spouse as defined in ELM Section 515.2 . Up to 80hours of sick leave may be used for dependent care in anyleave year . Approval of sick leave for dependent care will besubject to normal procedures for leave approval .297

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO andNational Association of Letter Carriers, AFL-CIO)Re : Annual Leave CarryoverThe parties agree that, as soon as practicable after thesigning of the 1990 National Agreement, the applicablehandbooks and manuals will be modified to providerevised regulations for annual leave carryover as follows :(a) Regular work force employees covered by thisagreement may carry over 440 hours of accumulatedannual leave beginning with leave carried over fromleave year 1990 to leave year 1991 .(b) Employees who fall under the provisions of PublicLaw 83-102 and who have maintained a carryover ofmore than 440 hours cannot increase their presentceiling .(c) The parties agree that ELM 512.73d shall be changedto reflect that any employee covered by the APWU/NALC National Agreement is not paid for annualleave in excess of 55 days . In all other respects, theELM provisions for payment of accumulated leaveare not changed because of this Memorandum .298

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(The American Postal Workers Union, AFL-CIO, andNational Association of Letter Carriers, AFL-CIO)Re :PTF Court Leave1 . Effective September 26, 1987, part-time flexibleemployees who have completed their probationary periodshall be eligible for court leave as defined in Employeeand Labor Relations Manual Part 516.1 and Part 516.31 .2 . Appropriate provisions of the applicable handbooks andmanuals shall be amended to carry out these changesconsistent with the principles expressed in paragraphs 3,4, and 5 below . The handbooks and manuals, includingPart 516 of the Employee and Labor Relations Manual,shall be amended pursuant to Article 19, except that thesixty (60) day notice of such changes shall be waived .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 employee willbe eligible if the employee was in work status or annualleave status on any day during the pay period immediatelypreceding the period of court leave .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 set forthbelow :a .If previously scheduled, the number of straight-timehours the Employer scheduled the part-time flexibleemployee to work ;299

.If not previously scheduled, the number of hours thepart-time flexible employee worked on the sameservice day during the service week immediatelypreceding the period of court leave ;If not previously scheduled and if no work wasperformed on the same day in the service weekimmediately preceding the period of court leave, theguarantee as provided in Article 8, Section 8, of theNational Agreement, provided the part-time flexiblewould otherwise have been requested or scheduled towork on the day for which court leave is requested.The amount of court leave for part-time flexibleemployees shall not exceed 8 hours in a service day or 40hours in a service week .Date : July 21, 1987MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO, andNational Association of Letter Carriers, AFL-CIO)Re :Leave PolicyThe parties agree that local attendance or leave instructions,guidelines, or procedures that directly relate towages, hours, or working conditions of employees coveredby this Agreement, may not be inconsistent or in conflictwith Article 10 or the Employee and Labor RelationsManual, Subchapter 510 .300

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO, andNational Association 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 .As soon 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 ELM Part514.22, nor is it intended to encourage any additional leaveusage .Grievance Number H7C-NA-C 61 is withdrawn .(The preceding Memorandum of Understanding, Paid Leaveand LWOP, applies to APWLJ Transitional Employees .)301

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION .AFL-CIORe :Leave SharingThe Postal Service will continue a Leave Sharing Programduring the term of the 2000 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 geographiclocation . Family members shall include son or daughter,parent, and spouse as defined in ELM Section 515 .2 . Singledonations must be of 8 or more whole hours and may notexceed half of the amount of annual leave earned each yearbased on the leave earnings category of the donor at the timeof donation . Sick leave, unearned annual leave, and annualleave hours subject to forfeiture (leave in excess of themaximum carryover which the employee would not bepermitted to use before the end of the leave year), may not bedonated, and employees may not donate leave to theirimmediate 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 .302

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 leavebalance will be paid in a lump sum .(The preceding Memorandum of Understanding, LeaveSharing, applies to Transitional Employees.)NOTE : GRIEVANCE NUMBER Q90C-4QC 94013818 IS WrrHDRAVVNMEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIORe :Article 12 .5.C .5 .b(6). In the Clerk Craft, an employee(s) involuntarily reassignedshall be entitled at the time of such reassignment tofile a written request to return to the first vacancy [in thesame or lower salary level] in the craft n installation fromwhich reassigned . 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, whatsalary level(s) . The employee(s) shall have the right to hidfor vacancies within the former installation and the writtenrequest for retreat rights shall serve as a hid for vacancies in303

the level from which the employee was reassigned and forall residual vacancies in other levels for which the employeehas expressed a desire to ret reat, The employee(s) may retreatto only those [lower level] assignments for which theemployee(s) would have been eligible to bid . If vacanciesare available in the specified lower, higher or same salarylevel [and in the salary level], the employee will be given theoption .Repostings occurring pursuant to Article 37, Sections 3.A .4 .a,3.A .4 .b, and 3.A .4 .c, are specifically excluded from the applicationof this subsection .Withdrawal of a hid 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 .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION .AFL-CIORe :Cross Craft ReassignmentsIn instances where employees represented by the APWU willbe involuntarily reassigned outside the installation, employeesmay be reassigned to other APWU crafts outside the installation. Such employees who meet the minimum qualificationswill be afforded their option of available vacanciesby seniority .304

This memorandum does not affect any other rights that MotorVehicle Craft employees may possess under the provisionsof Article 12 .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIORe :TransfersThe parties agree that the following procedures will befollowed when career Postal employees request reassignmentfrom one Postal installation to another.Reassignments (Transfers)A. Installation heads may continue to fill authorizedvacancies first through promotion, internal reassignment andchange to lower level, transfer from other agencies,reinstatements, etc ., consistent with existing regulations andapplicable 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 thevacancies being filled and type of positions requested . Suchrequests from qualified employees, consistent with theprovisions of this memorandum, will not be unreasonablydenied . Local economic and unemployment conditions, aswell as EEO factors, are valid concerns . When hiring fromentrance registers is justified based on these local conditions,an attempt should be made to fill vacancies from both305

sources . Except in the most unusual of circumstances, ifthere are sufficient qualified applicants for reassignment atleast one out of every four vacancies will be filled bygranting requests for reassignment in all offices of 100 ormore man-years if sufficient requests from qualifiedapplicants have been received . In offices of less than 100man-years a cumulative ratio of 1 out of 6 for the duration ofthe National Agreement will 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 onan annual basis upon request . Additionally, on a semiannualbasis local Unions may request information necessary todetermine if a 1 out of 4 ratio is being met betweenreassignments and hires from the entrance registers in alloffices of 100 or more man-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 theyrequest reassignment . Both the gaining and losinginstallation head must be fair in their evaluations .Evaluations must be valid and to the point, withunsatisfactory work records accurately documented .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 months ofservice in their present installation prior to requestingreassignment to another installation . Employeesreassigned to installations under the provisions of thismemorandum must remain in the new installation fora period of eighteen months, unless released by theinstallation head earlier, before being eligible to be306

considered for reassignment again, with the followingexceptions : 1 .) in the case of an employee whorequests to return to the installation where he/shepreviously worked ; 2.) where an employee cansubstantially increase the number of hours (8 or morehours per week) by transferring to another installationand the employee meets the other criteria, in whichcase the lock-in period will be 12 months . Employeesserving under craft lock-in periods per the provisionsof the National Agreement must satisfy those lock-insprior to being reassigned to other installations . Thesetransfers are included in the 1 out of 4 ratio .For all other reassignments, the following applies : Anemployee must have at least one-year of service intheir present installation prior to requestingreassignment to another installation . Employeesreassigned to installations underthe provisions of thismemorandum must remain in the new installation foraperiod of one year, unless released by the installationhead earlier, before being eligible to be considered forreassignment again, except in the case of an employeewho requests to return to the installation where he/shepreviously worked . Employees serving under craftlock-in periods per the provisions of the NationalAgreement must satisfy those lock-ins prior to beingreassigned to other installations .E. Installation heads in the gaining installation willcontact the installation head of the losing installation andarrange for mutually agreeable reassignment and reportingdates . A minimum of thirty days notice to the losing officewill be afforded . Except in the event of unusualcircumstances at the losing installations, reasonable timewill be provided to allow the installation time to fillvacancies, however, this time should not exceed ninety days .307

F . Reassignments granted to a position in the same gradewill be at the same grade and step . Step increaseanniversaries will be maintained . Where voluntaryreassignments are to a position at a lower level, employeeswill be assigned to the step in the lower grade consistent withPart 420 of the Employee 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 .Employees will not be reassigned to full-time regularpositions to the detriment of career part-time flexibleemployees who are available for conversion at the gaininginstallation . Seniority for employees transferred per thismemorandum will be established consistent with theprovisions of the National Agreement .H. Relocation expenses will not be paid by the PostalService incident to voluntary reassignment . Such expenses,as well as any resulting interview expenses, must be borne byemployees .I . Under no circumstances will employees be requestedor required to resign, and then be reinstated in order tocircumvent these pay provisions, or to provide for anadditional probationary period .308

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIORe :PTFs Reassignment OpportunitiesAll part-time flexible (PTF) clerk craft employees on therolls on November 21, 2000 who have completed theirprobationary period in installations with less than 100 careerclerk craft employees will be given an opportunity to bereassigned to offices with 100 or more career clerk craftemployees .The parties recognize that it is in the interest of both theEmployer and the Union to provide career clerk craftemployees in installations with less than 100 career clerkcraft employees the opportunity to be reassigned and futureopportunities to be converted to full-time, prior to hiringPTFs in offices with 100 or more clerk craft employees .A list to include installation name, location, job title andnumber of all available part-time flexible vacancies inoffices within a District will be provided to the appropriateAPWU Regional Coordinator .The APWU Regional Coordinator, within 30 days of receiptof the list, will provide the names of eligible and qualifiedPTFs who will accept those opportunities .For purposes of this agreement, an employee must have anacceptable work, attendance and safety record and meet theminimum qualifications for all positions to which theyrequest reassignment. A part-time flexible clerk reassignedpursuant to this agreement who fails to qualify in the gaining309

office will be returned to his/her former installation as a parttimeflexible employee .Installation heads or designees in the gaining installation willcontact the installation head of the losing installation andarrange for mutually agreeable reassignment and reportingdates . The losing office will be afforded a minimum of 45days notice . Except in the event of unusual circumstances atthe losing installation, reasonable time to fill vacancies willbe provided the losing installation, however, this time shouldnot exceed 120 days .This memoranda shall expire with the end of thisNational Agreement .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe :Headquarters 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 . With concurrenceof the APWU, relevant information from these meetingsmay be shared with the other participants of the HAT.310

The HAT will serve as consultants to the parties regardingworkplace environment issues .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIORe :Expedited ArbitrationThe United States Postal Service and the American PostalWorkers Union, AFL-CIO, agree to hear the followingissues in the Expedited Arbitration forum :1 . Individual Overtime Issues2 . Withholding of Step Increases3 . Individual Leave Requests Concerning AnnualLeave, Sick Leave, Leave Without Pay, CourtLeave, Restricted Sick Leave, and Requests forMedical Certification4 . AWOL5 . Individual Holiday Scheduling Issues6 . Suspensions (Except Emergency Suspensions)7 . Article 25, Higher Level Assignments8 . Employee Claims9 . Letters of Demand of Less Than $2,000311

10 . 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 referan expedited case to regular arbitration in accordance withthe applicable 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 inaccordance with Section S.C . of Article 15 of the NationalAgreement .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO, andNational Association of Letter Carriers, AFL-CIO)Re :Processing of Post-Removal GrievancesThe parties agree that the processing and/or arbitration of anondisciplinary grievance is not barred by the finaldisposition of the removal of the grievant, if thatnondisciplinary grievance is not related to the removalaction .(The preceding Memorandum of Understanding, Processingof Post-Removal Grievances, applies to TransitionalEmployees.)312

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIORe :Interest on Back PayWhere an arbitration award specifies that an employee isentitled to back pay in a case involving disciplinarysuspension or removal, the Employer shall pay interest onsuch back pay at the Federal Judgment Rate . This shall applyto cases heard in arbitration after the effective date of the1990 Agreement .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIORe :Role of Inspection Service in Labor RelationsMattersThe parties recognize the role of the Postal InspectionService in the operation of the Postal Service and itsresponsibility to provide protection to our employees,security to the mail and service 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 theUnited States Postal Service and the American Postal313

Workers Union, AFL-CIO and will not interfere in thedispute resolution process as it relates to Articles 15 and 16 .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 .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe : Joint 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 asways to improve the Grievance/Arbitration procedure . Accordingly,the parties have agreed to establish a joint contractmanual that will contain the joint interpretation of contractprovisions . The parties will be bound by these jointinterpretations and grievances will not be filed asserting aposition contrary to a joint interpretation . The parties agreeto initiate the process of establishing a joint contract interpretationmanual no later than 90 days from the signing ofthis agreement .314

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe :Administrative Dispute Resolution ProceduresThe U.S . Postal Service and the American Postal WorkersUnion, AFL-CIO (APWi) agree to continue AdministrativeDispute Resolution Procedures (ADRP) to help resolve complexdisputes as they arise during the course of the collectivebargaining agreement . The ADRP will be used to resolvethose disputes identified by the parties without the filing ofany grievances . A listing of subjects for consideration in theADRP will be submitted by the parties at the national levelwithin 30 days following the effective date of this Memorandumof Understanding . By mutual agreement, the partiesat 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 responsiblefor discussing and, where possible, for resolving any disputesconcerning the referenced subject(s) . When a specificsubject is 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 tothe ADRP .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, eitherparty may declare an impasse . Each party will identify the315

issue in dispute in writing within 30 days after the declaredimpasse on the subject . The identified dispute will then beplaced on the appropriate arbitration docket .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION .AFL-CIORe :Step 4 ProceduresThis memorandum represents the parties' agreement withregard to withdrawing a grievance from regional arbitrationand referring the dispute to Step 4 of the grievanceprocedure.If a case is withdrawn from regional arbitration, and thedispute referred to Step 4, and then remanded asnon-interpretive, it will be returned directly to regionalarbitration to be heard before the same arbitrator who wasscheduled to hear the case at the time of the referral to Step 4.Additionally, if the hearing had opened, the case will bereturned to the same stage of arbitration .The party referring the dispute to Step 4 from arbitration onthe day of the hearing or after the hearing opens shall pay thefull costs of the arbitrator for that date unless anotherscheduled case is heard on that date by the arbitrator .316

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe :Timeliness Regarding Step 2(h) AppealsWhen the Union incorrectly appeals a grievance under Article15 .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 then Managementretains the right to raise the timeliness issue .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe :Grievance/Arbitration AppealsArbitration panels will be established by District, so each Districtwill have its own panels . Grievance and arbitration appeals to theformer Regional level will be made to the five grievance/arbitrationprocessing centers located at the five Area offices previouslyidentified as Regional Offices . Cases will be scheduled for arbitrationby the parties in those offices .This Memorandum is intended to continue the practices by whichthe above-referenced activities are currently being handled by theparties and is not intended to modify those practices .Date : March 30. 1995317

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION .AFL-CIORe :Implementation Articles 15 and 16, 1998 AgreementIn recognition of the significant modifications that theparties made to the grievance/arbitration procedure during1998 negotiations, it is agreed that the changes to Articles 15and Article 16 will not become effective until six monthsafter the 1998 Agreement is ratified . During the interim timeperiod between negotiations and implementation the partieswill continue to utilize the contract language of Articles 15and 16 as it is written in the 1994 Agreement . The partiesalso agree to use this interim time period to provide trainingto their respective representatives .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION .AFL-CIORe :Discipline Task ForceThe parties agree to have at the national level the "TaskForce on 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 mannerin which discipline is administered by the USPS, the mannerin which disputes about discipline are handled by the par-318

ties, and to recommend changes and improvements whichcan be made in the discipline and dispute resolution systems .The Task Force is authorized, at its discretion, to conducttests of alternative discipline and dispute resolution systemsin various facilities, as well as intervene at Local Installationswherein the parties agree that problems on disciplinewarrant some type of action .The Task Force is further authorized to review and approverequests made by local parties to implement modified grievance/arbitrationprocedures, as well as alternative disciplinesystems .The Task Force shall convene periodically but at least quarterly,at such times and at such places as it deems appropriateduring the term of the 1998 National Agreement . Noaction or recommendations may be taken by the Task Forceexcept by a consensus of its parties . In addition, each Areashall develop and maintain a discipline Task Force to reviewand compile statistics on the implementation of disciplineand determine if intervention at a local installation is warrantedby the parties .Nothing herein shall preclude any of the parties from exercisingthe rights which they may otherwise have .319

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIORe :Stamp Stock TolerancesThe Financial Handbook for Postal Offices (F-1) shall berevised to reflect the following :Amount of Stamp StockToleranceUp to $30,000.00 $ 50 .00$30,000.01 to $60,000.00 $100.00Above $60,000.00 $150.00MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE AND THEAMERICAN POSTAL WORKERS UNION,AFL-CIORe :Reinstatement of Driving PrivilegeIt is hereby agreed by the United States Postal Service andthe American 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 agree thatthe following is not intended to provide driving privilegesto an employee when such privilege would place thesafety of the public or the employee at risk .320

2 . The mere fact that an employee was involved in a vehicleaccident is not sufficient to warrant automatic suspensionor revocation of driving privileges or the automaticapplication of discipline .3 . When an employee's driving privilege is temporarilysuspended as a result of a vehicle accident, a full review ofthe accident will be made as soon as possible, but not laterthan 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 possible but notlater than 45 days from the date of the employee's request .If the decision is to deny the request, the employee will beprovided with a written decision stating the reasons forthedecision .The Management review must give careful considerationto :-- the nature, severity and recency of the incident(s) whichled to the revocation or suspension ;-- any driver's training or retraining courses completed fromprivate schools, state sponsored courses, orPostal Servicetraining programs, especially when directly relevant to theincident(s) that led to the revocation ;-- successful participation in an EAP program, whenrelevant to the reasons for revocation ;321

-- the employee's state driving record consistent with thecriteria for initial certification of driving privilege asstated in the applicable Handbook . The Employer maywaive these criteria if warranted in light of the otherfactors 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 1998MEMORANDUM OF UNDERSTANDINGBETWEENUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe :Local ImplementationIt is hereby agreed by the United States Postal Service andthe American Postal Workers Union, AFL-CIO that thefollowing procedures will apply to the implementation ofArticle 30 during the 2000 local implementation period .1 . The 30 consecutive day period for 2000 localimplementation will commence on April 1, 2002and terminate on May 30, 2002 .If no party provides written notification of its intentto invoke the local implementation process prior toApril 15, 2002, presently effective Memoranda ofUnderstanding not inconsistent or in conflict withthe 2000 National Agreement shall remain in effectduring the term of this Agreement . Initial proposals322

must be exchanged within the first twenty one (21)days of the 30 consecutive day local implementationperiod .In the event that any issue(s) remains in dispute at theend of the thirty (30) consecutive day localimplementation period, each party shall identifysuch issue(s) in writing . Initialed copies of thiswritten statement and copies of all proposals andcounterproposals pertinent to the issue(s) in disputewill be 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 andthe Union's Regional Representative no later thanJune 14, 2002 . Inclusion of any matter in the writtenstatement does not necessarily reflect the agreementof either of the parties that such matter is properlysubject to local implementation .The appropriate management official at the Areaoffice and the Regional Union representative shallattempt to resolve the matters in dispute withinseventy-five (75) days after the expiration of the 60day local implementation period . The appropriatemanagement official at the Area office and theRegional Union representative will have fullauthority to resolve all issues still in dispute .If the parties identified in paragraph 3 above areunable to reach agreement at the Regional levelduring the seventy-five (75) day period provided forabove, the issue(s) may be appealed to final andbinding arbitration by the National Union Presidentor the Vice President, Labor Relations no later thantwenty-one (21) days of the end of the seventy-five(75) day period .323

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 .Where there is no agreement and the matter is notreferred to the appropriate management official atthe grievance/arbitration processing center or toarbitration, the provision(s), if any, of the formerLocal Memorandum of Understanding shall applyunless inconsistent with or in conflict with the 2000National Agreement .Where a dispute exists as to whether an item in theformer Local Memorandum of Understanding isinconsistent or in conflict with the 2000 NationalAgreement, such dispute will be processed inaccordance with the procedures outlined in two (2)through four (4) above . Items declared to beinconsistent or in conflict shall remain in effect untilfour (4) months have elapsed from the conclusionof the local implementation period under the 2000National Agreement.This Memorandum of Understanding expires with theexpiration of the 2000 National Agreement.324

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO,National Association of Letter Carriers, AFL-CIO)Re :Bargaining InformationPursuant to the provisions of Article 31 of the National Agreement,as soon as practicable after the ratification of the 1987 NationalAgreement between the United States Postal Service and the JointBargaining Committee (JBC), the Employer shall, on anaccounting period basis, provide the Union with a computer tapecontaining the following information on those in their respectivebargaining units :1 . SSN2. Last Name3 . FirstName(Full)4. Middle Initial5 . Address6 . City7 . State8 . ZIP Code9 . Post Office Name10 . PO State11 . PO ZIP12 . PO Finance Number13 . PO CAG14 . Rate Schedule15 . Nature of Action16 . Effective Date17 . Pay Grade18 . Pay Step19 . Health Benefit Plan20 . Designation Activity21 . Enter on Duty Date22 . Retire on Date23 . Layoff24 . Occupation Code25 . Pay LocationAs aresult of the Joint Bargaining Committee's request to have thefull first name included, each Union will pay 50 percent of theactual systems and programming cost associated with this change,not to exceed a total cost of $10,000 . Subsequently, the PostalService will provide the Unions with the information abovewithout charge .Date : July 21, 1987325

MEMORANDUM OF UNDERSTANDINGBETWEENUNITED STATES POSTAL SERVICE AND 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 ofan employee's voluntary attrition is identifiedin an independent installation or in a stationand/or branch of an independent installation,the following sequential steps will be taken todetermine whether or not a contract cleaningservice may be utilized :(1) Measure the square footage of the interiorarea, using procedures identified inhandbook MS-47, Housekeeping-PostalFacilities . Then divide that measurementby 18,000 and round off the resultingnumber to four (4) decimal places ;(2) Measure the squarefootage of the exteriorpaved and unpaved area, to be servicedusing the procedures identified in theMS-47 handbook . Then divide thatmeasurement by 500,000 and round offthe resulting number to four (4) decimalplaces ;326

(3) Add the numbers obtained in steps land 2together . If the resulting number is lessthan ONE (1), a contract cleaning servicemay be used to perform the required work .b. If the determination is made to utilize a contractcleaning service, the local APWU Presidentwill be provided a copy of the abovecomputations .c .The formula applies to replacement facilities orexisting facilities with extensions ormodifications .d. Post Offices, or stations/branches whichcontract cleaning services under previouscriteria may continue to do so .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIOMOTOR VEHICLE CRAFTRe :Highway ContractsIn furtherance of ongoing application of Article 32, Section3 of the National Agreement the parties agree to thefollowing principles :327

The U.S . Postal Service reaffirms its commitment torequire compliance with the highway contractspecifications including the Service Contract Act .Contracting officers and administrative officials atthe local level, when advised by American PostalWorkers Union officials of complaints and/orprovided information concerning alleged violationsof a specific contract(s), especially those that relateto vehicle schedules, wage rates, and safetyviolations will, in a business-like manner,acknowledge to the interested American PostalWorkers Union official, receipt of said informationand the action taken in response to the situationidentified . Background information concerningscheduled routes will not be unreasonably denied .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 vehicleneeded substantially differs from that which isavailable in the U.S . Postal Service fleet,justification will be provided the responsible USPSmanagement office for those routes that otherwisemeet the criteria of Article 32 .3 . The responsible USPS management office willcontinue to encourage all contractors to displayclearly and conspicuously on all vehicles, whileengaged in the transport of mail, their companyname, address and the fact that they are contractvehicles .328

4. When the National Union is advised of the decisionto award and/or renew a highway contract(s), theU.S . Postal Service will provide a reasonableexplanation of its decision .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIORe : Subcontracting - 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 accordancewith Title 39 U.S .C ., Section 2201, of the PostalReorganization Act. The parties recognize that thecontracting of work to the Federal Prison Industries issubject to the provisions of Title 18, Chapter 307 . TheEmployer will provide to the Union a copy of a request forproposal when issued .329

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION .AFL-CIORe :Training CommitteeThe Postal Service reaffirms its commitment to provideemployees with training consistent with organizationalneeds . Additionally, the Postal Service recognizes thedesirability of affording employees opportunities forself-development and will make training programs availableto meet such needs .The Postal Service will afford the Union, at the nationallevel, the opportunity to discuss concerns about specifictraining opportunities or programs . A Joint Committee onTraining is hereby established at the national level which willconsist of representatives of both parties . The Committeeshall meet to discuss matters of mutual interest and benefitrelating to training programs and opportunities . Theappropriate USPS management official shall be theEmployer's chief representative on such Committee . TheCommittee may consider and develop pilot programs,improved training methods and strategies, and other mattersrelated to employee training and educational opportunities,including exploring the potential for developing job relatedtraining and noncompensable non job related programsthrough the use of advanced computer technology . Issuesconcerning local training and educational opportunitiesincluding the use of postal facilities for noncompensabletraining in college accredited courses, publicity ofself-development training opportunities, and other trainingand educational matters of mutual interest and benefit areappropriate subjects forresolution atlocal labor-managementcommittee meetings .330

Consistent with established regulations and operationalneeds, the Postal Service will make every effort to grantrequests for leave without pay by employees for training andeducational opportunities . Customer Service District officeswill maintain a record of employee requests for LWOP underthese provisions and the resulting action taken (approved/disapproved) . If the request is denied, supporting rationalemust accompany all such denials . This documentation willbe forwarded to the National Training Committee, with acopy to the area manager of Human Resources on a biannualbasis for review . The Committee, through joint agreement,will take appropriate action if it deems necessary.The parties agree to consult at the national level to definewhether specific training courses and/or programs arejob-related, self-developmental, or can be considered both .The National Joint Training Committee will review alltraining programs for the purpose of compiling a listing oftraining opportunities for postal employees . Further, theNational Joint Training Committee will discuss theestablishment of training programs to promote local jointlabor-management cooperation .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIORe :Use of Privately Owned VehiclesThe parties agree that the following represents the policy ofthe U.S . Postal Service and the American Postal WorkersUnion concerning the furnishing of privately owned vehicles(POV) by employees of the crafts represented by the APWU :331

No craft employee represented by the APWU may becoerced into furnishing a vehicle or carrying passengerswithout the employee's consent . The use of a personalvehicle is the decision of the employee and it is not the intentof the parties to discourage such use of personal vehicleswhen transportation is needed from one postal facility toanother or in the completion of the employee's assignment .When an employee begins his/her work day at one postal unitand is provided transportation to another unit to completehis/her tour of duty, that employee will be providedtransportation back to the unit where his/her tour began iftransportation is needed . If the employee ends tour at the newlocation the return trip will not be on the clock buttransportation will be provided promptly by managementupon request .Date July 21, 1987(The preceding Memorandum of Understanding, Use ofPrivately Owned Vehicles, applies to TransitionalEmployees.)332

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 198-200of the 1984 National Agreement), provide basically the sameprocedure with the following exceptions :Part-time flexible employees should state a preferencefor duty assignments for which they are currentlyqualified and such preferences should be listed priorto assignments 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 theemployer choosing between the duty assignments .2 . A time frame has been provided in Section 5.A .5 forplacing the senior part-time flexible stating apreference into training .3 . A time frame has been provided in Section S.A .6when an employee should be converted to full-timeand placed in the duty assignment upon successfullycompleting the required training or being identified asthe senior currently qualified part-time flexible .Date : July 21, 1987333

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE AND THEAMERICAN POSTAL WORKERS UNION,AFL-CIOCLERK CRAFTRe :Bids With Required Computer SkillsThe following procedure will be followed when seniorbidders, meeting the minimum qualifications (qualificationstandard), are assigned to administrative clerk craftassignments, PS-5, which require running of or interactionwith computer programs :1 . The senior bidder will assume the hours and days ofthe assignment and be provided with on-the-jobtraining (OJT) for a period of five working days . Noout-of-schedule premium will be paid as a result ofthis action .2 . By no later than the end of the five-day period thebidder must demonstrate the ability to successfullyrun those programs/procedures for which he/she willbe responsible in the performance of the duties of theassignment . The specific programs/procedures willbe identified at the beginning of the period, andinstruction will be provided for each during the fivedays 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 seniorcurrently qualified bidder who can immediatelydemonstrate the ability to run the programs .334

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 .This request 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 thequalification period) identify the schedule of thequalification period as extending through theemployee's first non-scheduled day following the endof the qualification period . This provision will notserve to extend the time allowed for qualification asprovided for in item 2 . The employee will not beeligible for out-of-schedule premium as a result ofthese 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, 1987335

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,the employee will have the opportunity to be tested on theitems studied . This test may be taken at the option of theemployee .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 .Such requests, including a voluntary request for a change inschedule in order to provide such productive distribution,will be 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 opportunitiesfor scheme qualifications as those established in the 1984-1987 National Agreement . Appropriate visual aids shall beprovided during this period of productive distribution .Date : July 21, 1987336

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIOCLERK CRAFTRe : Interlevel Bidding -- Entrance ExaminationRequirementsThe parties mutually agree that Clerk Craft employees withat least one year of current continuous career service in oneor more of the positions listed below are eligible to bid on orvoluntarily transfer to any other position listed below,without regard to the entrance examination requirement ofthe position being bid or voluntarily transferred . Suchemployees must be otherwise eligible to bid or voluntarilytransfer in accordance with the provisions of the NationalAgreement . Acceptance of voluntary transfer requests willbe considered in accordance with Article 12 and the MOU ontransfers of the National Agreement .An employee with at least one year of current continuouscareer service, in the Clerk Craft and/or in another craft(s),who is involuntarily reassigned to one of the positions listedbelow may be placed in that position without regard to theentrance examination requirement of the position .The positions covered by this agreement are as follows :Number Occ. Code Position TitleLevelSP 2-383 2330-46 Air Records Processor 5SP 2-44 2320-15 Bulk Mail Clerk 5SP 2-43 2345-15 Claims and Inquiry Clerk 5337

SP 2-1 2340-02 Distribution andWindow Clerk 5SP 2-629 2340-80 Distribution, Window,and Markup Clerk 5SP 2-633 2315-13 Distribution Clerk,Machine MPLSM 6SP 2-634 2315-14 Distribution Clerk,Machine SPLSM 6SP 2-27 2315-20 Flat Sorting MachineOperator 5SP 2-28 2315-21 Flat Sorting MachineOperator 6SP 2-469 2345-32 Mailing RequirementsClerk 5SP 2-16 0301-41 Markup Clerk,Automated 4SP 2-439 2315-06 Parcel Post Distributor(Machine) 5SP 2-362 2315-06 Parcel Post Distributor(Machine) 6KP-4 2340-04 Post Office Clerk 3SP 2-11 2340-06 Postage Due Clerk 5SP 2-12 2340-24 Postage Due Technician 6SP 2502 2315-70 Sack Sorting MachineOperator 6SP 2-38 2315-56 Senior Mail Processor 6SP 2-35 0301-49 Senior Markup Clerk,Automated 5KP-13 2320-01 Window Clerk 5SP 2-388 2320-29 Window ServicesTechnician 6SP2600 2310-0012 Clerk/Special DeliveryMessenger 5SP2046 2315-0063 Mail Processing Clerk 5338

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIOCLERK CRAFTThe parties agree that the following letter sorting machineprovisions formerly contained in Article 37 of the NationalAgreement remain in full force and effect in thoseinstallations that continue to have letter sorting machines .Bidding Provisions - Letter Sorting Machines1 . A full-time Distribution Clerk, Machine, serving under abidding restriction on the expiration date of the 1994-1998 National Agreement will be released from suchrestriction effective 180 days from the date the employeewas permanently assigned to the duty assignmentrequiring the restriction .2 . Any employee who becomes a full-time DistributionClerk, Machine, for the first time will be restricted fromfurther bidding for 365 days .3 . Former machine clerks who are no longer currentlyqualified who bid back to a full-time Distribution Clerk,Machine, duty assignment and require less than 12 hoursof training will not be restricted from further bidding .4 . Former machine clerks who bid back to a full-timeDistribution Clerk, Machine, duty assignment andrequire 12 or more hours of formal training will berestricted from further bidding for 180 days from the dateof assignment .339

5 . These bidding restrictions apply unless such bid :a .b .is to another letter sorting machine duty assignmentwith the same scheme requirement but with differentdays or hours of duty ;is from a non-scheme letter sorting machine dutyassignment to another non-scheme letter sortingmachine duty assignment or to any letter sortingmachine duty assignment with a scheme requirement ;c . is to a duty assignment in a higher level ;d .e .f .g .is caused by the abolishment or reposting of theemployee's duty assignment . In such case, theemployee may bid on any letter sorting machine dutyassignment, PS-6 .is by an unencumbered Distribution Clerk-Machine,PS-6 . In such case, the employee may bid on anyletter sorting machine duty assignment, PS-6 .would enable the employee to be assigned to a stationcloser to the employee's place of residence ;is caused by substantiated medical or health reasons,whereby continuation in the LSM duty assignmentwould be harmful to the employee .6 . A. Full-time Distribution Clerks, Machine, who areserving under a bidding restriction may continue to applyfor duty assignments which are filled on the basis of bestqualified, including duty assignments in other crafts forwhich they are eligible to apply .An employee serving an initial LSM lock-in may not state apreference for or be involuntarily assigned to a manual duty340

assignment unless there are no vacant machine dutyassignments available .B. Letter Sorting Machines1 . DesignationIn offices (present or future) with letter sortingmachines, the Employer will designate on thepart-time flexible roll those employees who meetthe machine qualification requirements (whichmeans the ability to key at the appropriate speedand accuracy) for letter sorting machine positions .2. Rotationa. The application of the rotation system forletter sorting machine operators as outlinedin Handbook PO-405 is a proper subject forthe Labor-Management CommitteeMeetings . Discussion with local Unionofficials shall take place with opportunityfor input prior to changes in the rotationsystem .b .The feasibility of a study for the purpose ofbetter understanding the environmentaleffects of alternate rotation systems is aproper subject for discussion by the NationalLabor-Management Committee.3. EDITa. An EDIT operator test will not be enteredinto the Individual Performance Record andbecome an official record unless thefollowing conditions are met :341

(1) The operator was checked by theoperations table of random numbers,and the supervisor is able to reconstructthe random selection of the operatorfrom the random number table .(2) The supervisor is able to relate themachine printed record to the operatorand identify, where possible, the errorcauses .(3) The operator is allowed to inspect therecord including the sampled letters assoon as possible after completion of theindividual's keying cycle.(4) The sample letters were representativeof the general mail mug and not solelypixie mail, mark-up mail, or 400 binmail .b. Special EDIT runs of an individual operatormay be made; however, they will be usedonly for analysis of that operator's keyingproblems so that corrective training can beeffectively undertaken. Results of specialEDIT runs should be handled in accordancewith a.(2), (3) and (4) above .C. New Mail Sorting MachinesThe implementation of new mail sorting machineprograms involving Flat Sorting Machines, LetterSorting Machines, Bar Code Readers, Batch MailProcessors, Optical Character Readers, and theXTRACT System will be consistent with the contractualrequirements falling within the area of Technologicaland Mechanization Changes .342

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIOCLERK CRAFTRe :Retail Training Task ForceThe parties recognize the importance of customer serviceand product consulting skills in achieving customersatisfaction and retail sales growth and the important roleplayed by clerks and managers with responsibilities in retailoperations for assuring that growth .With this in mind, the parties agree to establish a NationalTask Force on Retail Training . This Task Force will focus onthe improvement of customer satisfaction and productconsulting skills, as well as the enhancement of our publicimage .The Task Force will develop and oversee the administrationof a 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 bythe APWU and three members appointed by the PostalService . The charter of the Task Force will be to explore andevaluate previous programs conducted in the field, researchalternative approaches, outline parameters for the program,conduct and measure a pilot program, and administer thenational implementation of the program . The parties agreethat the Task Force will approach its charter with a spirit ofcooperation and the determination to provide managers and343

clerks with the skills to excel in our competitive marketplace .The Postal Service agrees to contribute at least $1 .5 millionto a fund for this employee development effort. Such fundwill be used by the Task Force for program development andworkhour costs, including any travel related expenses .Date : 9/27/95MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION .AFL-CIORe :Retail Operations Within InstallationsThe parties agree that all existing retail operations willremain within the installation of which they are a part and allfuture retail operations established within the jurisdiction ofan installation shall become a part of that installation .This memorandum is entered into without prejudice to thepositions of either party on any issues .This Memorandum of Understanding expires with theexpiration of the 2000 National Agreement.344

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 tohave a rotation system that allows for time away fromcontinuous uninterrupted 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 inRemote Encoding Center (REC) sites .The parties who have not previously met and reachedagreement at the local level as provided below shall, duringthe term of the 2000 National Agreement, be affordedthe opportunity to do so. Therefore, as soon as practicable,the parties will meet at the local level to reach agreement onthe appropriate work/break cycle to employ in their CFS site .The local parties will meet to discus the issue and by mutualagreement will either implement the CFS work/break cycleas listed below or continue with their current work/breakcycle . It is not the intent of this agreement to add to existingbreaks or change any system that is currently acceptable tothe parties .The current work/break cycle is as follows345

4 & 8 Hour ToursINTERIM WORK BREAK CYCLEHours 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 5Hour 6Key 55 minutesBreak 5 minutesKey 55 minutesBreak 5 minutesBreak 5 minutesKey 55 minutesBreak 5 minutesKey 55 minutesBreak 10 minutesKey 50 minutesKey 5 minutesBreak 5 minutesKey 50 minutes346

HOMEThis understanding applies only to CFS units and expireswith the expiration of the 2000 National Agreement.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 1998 NationalAgreement, the parties intend to explore alternativemethods to provide staffing and scheduling efficiency in functionfour operations . Such methods may include flexibilityin full time and 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 programsmay be authorized to test these concepts at facilities and inoperations designated by the parties . These programs shouldbe initiated prior to June, 1999 .347

At the conclusion of these trial programs and tests, but nolater than the August 2000, the parties will meet to decidewhether such tests should be continued, expanded, or implementedin whole or in part, or terminated at the request ofeither party .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICE ANDTHE AMERICAN POSTAL WORKERS UNION,AFL-CIORe :Management Meetings on Maintenance WorkAssignmentsThe Employer shall bring a group of Bargaining Unitemployees and Non-Bargaining Unit employees to itsNational Training Center in Norman, Oklahoma for aperiod of one (1) week for the initial meeting. This initialmeeting shall take place within sixty (60) days of theeffective date of the 2000 National Agreement.The Union shall be responsible for selecting a total oftwelve (12) Bargaining Unit employees, four (4)Maintenance Mechanics, four (4) MPE Mechanics, andfour (4) Electronic Technicians.The Employer shall be responsible for selecting its twelve(12) Maintenance Managers to participate in thisendeavor .The purpose of this meeting will be to identify, discuss,and propose solutions to the recognized problems withthe assignment of work among the above-referencedOccupational Groups. The Group's findings shall beprovided to their respective National representatives .348

No later than three (3) months following the completionof the Group's initial meeting, the Employer shallconvene the Group again at its National Training Centerin Norman, Oklahoma for a one (1) week period tocontinue its examination of the work assignments withinthe Maintenance Craft . The Group's findings shall beprovided to their respective National representatives.The Group's work shall be completed within nine (9)months of the initial meeting . At that time, the Groupwill make its final report to their respective Nationalrepresentatives.It is the expressed intent and expectation of the partiesthat this effort will eliminate outstanding issues, resolvepending grievances and appeals to arbitration underArticle 19, and prevent further disputes from arising.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 toemployees who are successful bidders on a dutyassignment and who are deemed to have a live record .Live Record is defined in Article 37, Section 1, of theNational Agreement.349

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 - Nonscheme Assignment(machine distribution of outgoing primary, stateand incoming primary distributions using ZIPCodes)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) hours keyboardtraining .5 . 366 to 540 days - up to six (6) hours keyboardtraining .6 . 541 days to 2 years - up to eight (8) hourskeyboard training .350

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 .c .d .e .90 to 180 days - up to ten (10) hoursproductive distribution prior to keyboardbrush-up training .181 to 365 days - up to twelve (12) hoursproductive distribution prior to keyboardbrush-up training .366 to 540 days - up to sixteen (16) hoursproductive distribution prior to keyboardbrush-up training .541 days to 2 years - up to twenty (20) hoursproductive distribution prior to keyboardbrush-up training .f. In addition to the above, up to one (1) hour ofstudy time for each 200 scheme items will beprovided for d and e.NOTE : Generally, an employee who is assigned to the lettersorting machine will have his proficiency monitored byuse of the EDIT system . However, if this employee will beassigned to manual scheme distribution on a regular basis,he must be provided with productive distribution time asshown for Manual Scheme .2 . Scheme Distribution on Letter Sorting Machinea . Less than 60 days - none .351

.c .d .60 to 90 days - up to one (1) hour keyboardtraining .91 to 180 days - up to two (2) hours keyboardtraining .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) hours keypadtraining .E. Machine - Memory Items1 . One (1) to 120 days - none .2 . 121 to 365 days - up to one (1) hour study time .3 . 366 days to 2 years - up to two (2) hours studytime .352

F. In addition to the above, training will be providedwhen :1 . Scheme changes exceed 10 percent - at the rateof one (1) hour for each 16 items changed .2 . Memory item changes exceed 25 percent - at therate of one (1) hour for each 16 items changed .G. Section 3.F.7 Assignments1 . One (1) to 540 days - none except when there hasbeen a significant change in services offered,rates, or duties . If a significant change hasoccurred, the appropriate portion of the trainingwill be repeated ; however, the employee willnot 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 .III .To provide employees with training time for MPLSMkeyboard training on a graduated hour scale based on thenumber 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 hours353

700 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, an employee willbe provided up to 47 hours of training . The above range is forsubsequent assignments . If nonscheme application is thesubsequent assignment, an employee will be provided up to32 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 pages 193,198-200, 200 and 201 of the 1984-1987 National Agreementare rescinded .Date : July 21, 1987354

LETTER OF INTENTBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe :Operation 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 4 employees, in the Mail Equipment Shops and MaterialDistribution Centers, who operate this equipment andare required to have an appropriately endorsed Certificate ofVehicle Familiarization and Safe Operation are entitled toLevel 5 compensation for the period of such operations .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe :Air Conditioning in 9 Ton Vehicles, Tractors, andSpottersThe Postal Service agrees that, on a prospective basis, contractsfor the purchase of 9 ton vehicles, tractor and spottervehicles will specify air conditioning for vehicles domiciledin specific areas of the country . A joint committee will beestablished for the purpose of identifying the specific areas355

where air conditioning will be provided . The committee willbe comprised of two members appointed by the APWU andtwo members appointed by the Postal Service . The committeewill rely upon heat/humidity index information and industrynorms in making their recommendations . Thecommittee's recommendations will be submitted to the PostalService's Vice President Labor Relations and the APWU'sPresident for resolution .The parties further agree that the committee will completetheir analysis and recommendations no later than March 1999 .MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION .AFL-CIORe :Work Clothes Program - MESThe parties agree that employees who are assigned to theMail Equipment Shops and who are entitled to a WorkClothes Allowance, shall be suspended from the UniformAllowance Program . These employees will continue to beeligible for the established allowance amount as determinedby Article 26, however, the Employer will establish anagreement with an authorized vendor of the U.S . PostalService Uniform Program that will provide eligibleemployees with aprons, smocks, work shirts and/pants .Based on the allotment authorized, employees will retaintheir current Uniform Program anniversary date and shallcontinue to be subject to all existing regulations regardingthe work clothes program, except as noted above .356

Effective with the date of this Agreement, employeesassigned to the position of Group Leader shall be eligible forthe Work Clothes allowance.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 4MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION,AFL-CIORe :Mail 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 willaffect jobs at the MES .357

No final decision on whetherto substantially alter operationsat the MES which will affect jobs at the MES will be madeuntil the Employer has met and discussed the matter with theUnion .The intent of the parties is to provide that affected employeesare given consideration, including training if necessary, forreassignment to an available postal position, in accordancewith Article 12, for which they meet all qualifications, withinthe MES or to another bargaining unit represented by theAmerican Postal Workers Union, AFL-CIO .This Memorandum of Understanding expires with theexpiration of the 2000 National Agreement.MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe : Overtime at the Mail Equipment ShopsThe parties agree that in the Mail Equipment Shops, fulltimeemployees not on the overtime desired list may be requiredto work overtime only if all available employees onthe overtime desired list have worked up to ten (10) hours ona regularly scheduled day or up to four (4) hours on a nonscheduledday.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 the section(as defined by the Local Memorandum of Understanding)and in the same level will be given the opportunity tovolunteer to work overtime on that day .358

MEMORANDUM OF UNDERSTANDINGBETWEEN THEUNITED STATES POSTAL SERVICEAND THEAMERICAN POSTAL WORKERS UNION, AFL-CIORe :Dependent CareDuring the term of the 2000 National Agreement, the partiesagree to continue the Dependent Care Subcommittee to theNational EAP Committee under Article 35 .2 . The Presidentof the APWU and the Vice President, Human Resources,may each name three members to serve on the DependentCare Subcommittee . Through the subcommittee the partiesagree to jointly work to develop and recommend a nationalprogram for resource and referral services for dependentcare . No later than April 1, 2002, the Postal Service willre-bid the contract for the provision of dependent careresource and referral. The Dependent Care Subcommitteeshall evaluate the cost and quality of all bidders prior toselecting the bidder to whom a new contract for theprovision of dependent care resource and referralservices will be awarded . The Postal Service will retain theresponsibility for implementation and administration of theprogram . The parties will immediately begin work on detailsof the program. Upon implementation of the nationalprogram of resource and referral services for dependent care,the subcommittee will monitor and evaluate the program asnecessary .In addition the subcommittee may explore, evaluate andmake recommendations concerning Postal Servicecommunications and advertising of the national resource andreferral services . The subcommittee may study, assess andmake recommendations regarding the benefits of theresource and referral services and other dependent careprograms to employees and the USPS regarding issues suchas improvements in attendance, productivity, morale,turnover, etc .359

At the end of the 2000 National Agreement, the parties willevaluate the program to determine if either party wishes tocontinue .360

APPENDIX CINTEREST ARBITRATION OPINIONANDSUPPLEMENTAL OPINION DEALING WITHECONOMIC ISSUES361

BEFORE THE INTEREST ARBITRATION PANELIn the Matter of:UNITED STATES POSTAL SERVICEEmployer-and-AMERICAN POSTAL WORKERS UNION, AFL-CIOUnion2000 National AgreementAnnearancesSTEPHEN B . GOLDBERG, Neutral ChairCARIN A . CLAUSS, APWU MemberROBERT A . DUFEK, LISPS MemberUnited States Postal Service :Edward F . Ward, Jr .,Manager, Collective Bargaining and ArbitrationDavid A . StantonChief Counsel, Labor LawKevin B . RachelDeputy Managing CounselCapital Metro and MidAtlantic Law OfficeR . Theodore Clark, Jr.Seyfarth ShawAmerican Postal Workers Union . AFL-CI OO'Donnell, Schwartz & Anderson, P.C .Darryl J . AndersonArthurM . LubyAnton G . HajjarLee W . JacksonMelindaK. Holmes362

AWARDI. ECONOMIC LSSUESA. IntroductionThe core economic demands of both APWU and USPSwere hotly contested. Both parties presented witnesses,introduced written evidence, and made attorneypresentations on a whole range of issues . Among thesewere :The comparability of past and current APWUbargaining unit wages and benefits compared tothose received by employees doing comparablework in the private sector of the economy. (SeePostal Reorganization Act of 1970, 39 U.S .C . Sec .101(c), 1003(a)) .The USPS assertion that it is suffering from astructual deficit resulting from the effects oftechnology on the means by which Americanscommunicate .The current financial condition of the PostalService, as impacted by the aftermath of the tragicevents of September 11, 2001, as well as bybiological terrorism .The impact of automation on APWU-representedemployees .The APWU demand for wage parity betweenclerks and city letter carriers ." The APWU demand for one level upgrades forLevel 4 Mail Processors, Level 5 Senior MailProcessors, Level 5 Motor Vehicle Operators,363

Level 6 Tractor Trailer Operators, Level 7 and 8Maintenance Employees, and Level 9 and 10Electronics Technicians .The USPS demands that the night shift differentialbe reduced, the Sunday premium be limited, theemployer contribution to the employee healthbenefit plan be reduced and sick leave fordependent care be eliminated .The APWU demand that non-REC TransitionalEmployees be phased out by the end of the 2000Agreement .The APWU demand that the Memorandum ofUnderstanding on layoff protection for employeeswith less than six years of service be continued" The duration of the 2000 National Agreement .The panel's basic approach to resolving these issuesbegins with acceptance of the principle that interestarbitration is an extension of the collective bargainingprocess . Accordingly, the panel's goal was to reach thesame result as the parties would have reached in collectivebargaining if they were bargaining in good faith, had aclear understanding of each other's interests andconstraints, and were committed to reaching an agreementthat was consistent with the goals of the PostalReorganization Act . With that goal in mind, we award thefollowing on the parties' economic demands :l'A written opinion setting out the basis on which the panel reached itsdecision on economic issues will be issued as soon as reasonablypracticable .364

B. AwardLength of AgreementThe 2000 National Agreement will have a 36-monthterm, beginning November 21, 2000, and expiring at12 midnight, November 20, 2003 . Unless otherwiseprovided, this Agreement shall be effective December18, 2001 .General Wage IncreaseEffective 11/18/00 - 1 .2% of the salary schedule ineffect on 9/9/00Effective 11/17/01 - 1 .8% of the salary schedule ineffect on 9/9/00Effective 11/16/02 - 1 .4% of the salary schedule ineffect on 9/9/00The 1 .2% general increase will be paid as soon asadministratively practicable . Since 1984 it has been thepractice of the parties to provide for general increasesbased on the salary schedule in effect at the end of theprevious agreement. In this case, that salary schedule is theone in effect on September 9, 2000 . Current transitionalemployee hourly rates shall be adjusted by the regularlyscheduled general wage increases as specified above .COLAThe current COLA formula and payments schedule forcareer employees shall continue except that there shallbe no COLA payments during the first year of thecontract (i .e ., March and September 2001) . The COLAbase period month shall be rebased to October 2001 . In365

lieu of any COLA payments during the first year of the2000 National Agreement, career eligible employeeswill receive a one-time lump sum cash payment of$499 as soon as administratively practicable . Thispayment equals the COLA amount that would havebeen paid during yearl of the Agreement . Eligibilityrules shall be identical to the ones used by the partieswith respect to the payment of the one-time cashpayments in 1995 and 1996 .March 23, 2002 UpgradesAs soon as administratively practicable, but no laterthan March 23, 2002, the pay levels of the following 2positions will be upgraded by one-pay level :Mail Processor, PS-04Senior Mail Processor, PS-OSBased on the two Mittenthal national level arbitrationawards and certain other evidence dealing withexpanding duties and responsibilities of the MailProcessor and the Senior Mail Processor positions, thepanel has concluded that this contentious matter, whichis the subject of hundreds of grievances in the field,should be brought to closure in order to improve thelabor relations climate between the parties . In thatconnection and in full and complete non-precedentialresolution of all outstanding issues and disputes, theAPWU is directed to withdraw all pending grievancesand arbitrations, including claims for back pay, relatedto the Mail Processor and the Senior Mail Processorpositions .Generally, the parties' promotion rules apply withrespect to upgrades ; however, the panel has decided ona non-precedential basis to utilize a step-to-stepupgrade mechanism, including credit for waiting366

period time already served, for the purpose ofimplementing these upgrades .November 16, 2002 UpgradesEffective November 16, 2002, the pay levels of thefollowing 6 positions will be upgraded by one-paylevel :Motor Vehicle Operator, PS-OSTractor Trailer Operator, PS-06Building Equipment Mechanic, PS-07Maintenance Mechanic MPE, PS-07Electronic Technician, PS-09Electronic Technician, PS- 10Generally, the parties'promotion rules apply withrespect to upgrades ; however, the panel has decided ona non-precedential basis to utilize a step-to-stepupgrade mechanism, including credit for waitingperiod time already served, for the purpose ofimplementing these upgrades .Non-REC Transitional EmployeesWithout limitation as to their use or operationaljustification, the total number of APWU TransitionalEmployees working in non-REC sites will be inaccordance with the following schedule :Calendar YearNumbe rJanuary 1, 2002 through December 31, 2002 4,000January 1, 2003 through December 31, 2003 4,000January 1, 2004 through December 31, 2004 4,000January 1, 2005 through December 31, 2005 4,000367

The parties will apply the appropriate contractlanguage governing work rules for non-RECTransitional Employees, utilizing Appendices A and Bas appropriate . The Postal Service will phase out allnon-REC Transitional Employees by no later thanDecember 31, 2005 . REC Transitional Employees,who are governed by a separate Memorandum ofUnderstanding and related agreements, shall continue .This portion of the Award dealing with non-RECTransitional Employees shall not be raised during the2003 National Negotiations or during any relatedinterest arbitration proceedings .Night Shift DifferentialThe current contractual provision set forth in Article 8.7shall continue for the term of the 2000 NationalAgreement.Sunday Premium PaXThe current contractual provision set forth in Article8.6 shall continue for the term of the 2000 NationalAgreement.Employee Health Benefits Contribution AmountThe current contractual provision set forth in Article21 .1 shall continue for the term of the 2000 NationalAgreement.Sick Leave For Dependent CareThe current Memorandum of Understanding shallcontinue for the term of the 2000 National Agreement .368

Layoff ProtectionThe current Memorandum of Understanding shall berevised to reflect the date of November 20, 2000 .II .WORK RULESA. IntroductionInterest arbitrators are far less well situated to deal withrequests for work rule changes than are the collectivebargaining representatives of labor and management . Thelatter know the business of the company, the organization ofthe work, and the labor-management relationship in a waythat the interest arbitration panel cannot, regardless of theadvocates' efforts to educate the panel in the interestarbitration hearing . The disadvantage at which the panel isplaced is magnified when, as here, the enterprise is huge(360,000 employees in the bargaining unit), is geographicallywidespread (40,000 postal facilities), has a lengthy history(the Postal Service was founded in the 18'th century), andcomplex labor relations .In circumstances such as these, the panel must treadwarily in imposing changes requested by either party . For,what appears to the panel to be innocuous change clearlywarranted by the circumstances may, as a pebble droppedinto a tranquil pond, produce ripples that spread fartherthan the panel can imagine, and have effects far differentfrom those imagined by the panel . Under thesecircumstances, the panel should be certain, beforeimposing any work rule change, however justified it mayappear, that the panel is reasonably certain that it canforesee all the ramifications of that change . Indeed, thepanel might well adopt that part of the physicians' creedthat counsels, "Above all else, do no harm" .369

With that cautionary background, which has guided thepanel in responding to the parties' requests for work rulechanges, we turn to the panel's award on those requests .Holidays - Article 11B. AwardAPWU demands that Article 11 be amended to providethat employees who work their holiday have the option ofreceiving straight time pay, and the additional 1/2 time forwork on Christmas, plus an additional eight hours ofannual leave, instead of the double time to whichemployees are presently entitled under Article 11 . Thelanguage demanded by APWU is in bold face below :Article 11 Section 3 . PaymentA. An employee shall receive holiday pay at theemployee's base hourly straight time rate for anumber of hours equal to the employee's regulardaily working schedule, not to exceed eight (8)hours . Employees who work their holiday, attheir option, may elect to have their annualleave balance credited with eight ($,) hours ofannual leave in lieu of holiday leave pay,Article 11 Section 4. Holiday WorkA. An employee required to work on a holiday otherthan Christmas shall be paid the base hourly straighttime rate for each hour worked up to eight (8)hours . Employees who work their holiday, attheir option, may elect to have their annual leavebalance credited with eight (8) hours of annualleave or receive holiday pay to which the employeeis entitled as above described .370

B. An employee required to work on Christmas shallbe paid one and one-half (1-1/2) times the basehourly straight time rate for each hour worked .Employees who work their holiday, at theirmention, may elect to have their annual leavebalance credited with eight ($,) hours of annualleave or receive holiday pay to which theemployee is entitled as above described .The Postal Service does not oppose the conceptunderlying the APWU demand, but proposes the followingalternative approach :The parties agree to explore an exception toArticle 11, Sections A and B. Under theexception, an employee who works on theemployee's holiday or designated holiday mayelect to be credited with deferred holiday leaveinstead of holiday pay to which the employeewould otherwise be entitled, for a limited numberof holidays. The parties shall mutually agree,within 180 days after the effective date of the2000 National Agreement, to a cost effective andpracticable methodology and time frame forimplementation . Deferred holiday leave creditedunder this exception will be subject to allapplicable rules for requesting and schedulingannual leave and shall be combined with annualleave and counted as annual leave for purposesof annual leave carryover.This memorandum of Understanding will expireon the expiration date of the 2000 NationalAgreement.The Postal Service offered no persuasive reason for itsproposal to merely explore the annual leave option otherthan that it wanted to assure an administratively sound371

implementation of that option . To accomplish that goal,the panel awards the Union's demand, but will defer itsimplementation until February 2, 2002 . Accordingly, thewords "Effective February 2, 2002" shall be inserted as anintroductory clause in the second sentence of Article 11,Section 3 A; Article 11, Section 4 B ; and Article 11,Section 4 B, as those Sections are set out above .The panel also awards that sentence of the USPSproposal that provides :Deferred holiday leave credited in accordancewith Section 4.A or 4.B . above, will be subject toall applicable rules for requesting and schedulingannual leave and shall be combined with annualleave and counted as annual leave for purposesof annual leave carryover.Grievance/Arbitration Procedure - Article 15APWU proposes two changes in Article 15 . The firstchange provides, in essence, that grievance settlements andarbitration awards which entitle an employee tocompensation from the Postal Service be paid in a timelyfashion, and that, in the event of a delay in paymentgreater than sixty days, the affected employee is to receivean advance of 70% of the amount due .The language proposed by APWU to effectuate thatchange is in bold face below :Section 4. Grievance Procedure - GeneralA. The parties expect that good faith observance, bytheir respective representatives, of the principles andprocedures set forth above will result in settlementor withdrawal of substantially all grievancesinitiated hereunder at the lowest possible step and372

ecognize their obligation to achieve that end.Every effort shall he made to ensure timelycompliance and payment of monetary grievancesettlements and arbitration awards. TheEmployer agrees that upon receipt of necessarypaperwork from the grievant and/or union,concerning a grievance settlement or arbitrationaward, monetary remuneration will he made.The Employer will provide the union codes ofappropriate pay adjustment forms, includingconfirmation that such forms were submitted tothe appropriate postal officials for complianceand that action has been taken to ensure thataffected employee(s) receives payment and/orother benefits. In the event that an employee isnot laid within sixty (,60) days after submissionof all the necessary 11anerwork, such employee,upon request, will he granted authorization frommanagement to receive a pay advance equal toseventy (7n%) of the payment owed theemployee . In the event of a dispute between theparties concerning the correct amount to he laid.the advance required by this section will he theamount that is not in dispute.The Postal Service opposes the APWU proposal, butoffers no reason for its opposition other than theadministrative burden that proposal would place on it .Accordingly, the panel will award the APWU proposalwith one qualification . That proposal, as written, requiresthat "necessary paperwork" be completed to qualify for anadvance payment . In order to avoid disputes about whatconstitutes the "necessary paperwork", the panel directsthe parties to insert appropriate references to ELM Section436.4 to clarify the meaning of "necessary paperwork" .373

The Union also proposes an amendment to Article 15that would entitle it to advance two cases per schedulingperiod in each District to the head of the arbitration queue .The proposed language is in bold :Section 5. ArbitrationB. District Level Arbitration - Regular2 . Cases will be scheduled for arbitration in the order inwhich appealed, unless the Union and Employerotherwise agree . Prior to arbitration dates beingaccepted by the parties for the next round ofscheduling, the Union may, at its option, advance twocases to the toy of the docket.The Postal Service opposes this amendment, arguingthat the parties have agreed upon a "first in - first out"approach to scheduling arbitration, and that any variancefrom that approach, other than those already agreed uponfor representative grievances (Article 15, Section 2), safetyand health grievances (Article 14, Section 2), and "techand mech" cases (Article 4, Section 3), would be unwise .The Union, however, responds that there are many casesnot covered by any of the exceptions that nonethelesswarrant prompt hearing . Among these are the terminationof a Local Union president, allegedly for Union activities,or disputes over job selection awards, reassignments andexcessing, each of which may have a domino effect on thebidding rights and job placement of many employees .According to the Union, a limited catchall exception to the"first in - first out" approach would enable it to have suchcases heard earlier, thus benefiting both the employees andthe Postal Service . While there may be merit to theUnion's argument, the panel is unwilling to grant a catchall exception that would enable the Union to advance casesto the top of the docket without providing the same powerto the Postal Service . Accordingly, in lieu of the new374

sentence proposed by APWU, the panel awards thefollowing amendment to Article 15, Section 5 B 2 :Prior to arbitration dates being scheduled by theparties for the next round of scheduling, each partymay, at its option, advance one case to the top of thedocket.Handbooks and Manuals - Article 19APWU demands a number of amendments to Article 19 .It would require USPS to provide it with greaterinformation about proposed changes, and it seeksadditional time within which to decide whether to appealproposed changes to arbitration . APWU would alsopreclude the Postal Service from making additionalchanges in a handbook or manual concerning which theUnion has already appealed proposed changes toarbitration . According to APWU, the first two amendmentswould enable it to make a more considered judgmentregarding whether to appeal a proposed change . The latteramendment would prevent USPS from mooting outchallenges to a proposed rule or handbook change bymaking yet another change, effectively keeping the Unionforever one step behind in its effort to challenge changes .The language changes proposed by the Union are in bold :HANDBOOKS AND MANUALSThose parts of all handbooks, manuals and publishedregulations of the Postal Service, that directly relate towages, hours of working conditions, as they apply toemployees covered by this Agreement, shall containnothing that conflicts with this Agreement, and shall becontinued in effect except that the Employer shall havethe right to make changes that are not inconsistent withthis Agreement and that are fair, reasonable, and375

equitable . This includes, but is not limited to, the PostalService Manual and the F-21, Timekeeper's Instructions .Notice of such proposed changes that directly relate towages, hours or working conditions will be furnished tothe Union at the national level at least sixty (60) daysprior to issuance . The Employer shall furnished theUnion with the following information about eachproposed change : a narrative explanation of itspurpose and impact on employees and anydocumentation concerning the proposed changefrom the manager(s) who requested the changeaddressing its purpose and effect. Proposed changestransmitted at the same time shall be limited to asingle chapter of a handbook, manual or publishedregulations . Proposed changes will be furnished to theUnion by hard copy or, if available, by electronic file .At the request of the Union, the parties shall meetconcerning such changes . The meeting will beattended by a manager(s) who are knowledgeableabout the purpose of the proposed change and itsimpact on employees . If the Union, after the meeting,believes the proposed changes violate the NationalAgreement (including this Article), it may then submitthe issue to arbitration in accordance with thearbitration procedure within [sixty (60)] ninety (90)days after receipt of the notice of proposed change .Within fifteen (15) days after the issue has beensubmitted to arbitration, each party shall provide theother with a statement in writing of its understanding ofthe precise issues involved, and the facts giving rise tosuch issues . If the Union has appealed a change toarbitration, the Employer shall not make furtherchanges in those parts of the handbooks, manuals,or published regulation which it has alreadyproposed to change until the dispute over the initialproposed change is resolved by agreement or anarbitration award . Copies of those parts of all new376

handbooks, manuals and regulations that directly relateto wages, hours or working conditions, as they apply toemployees covered by this Agreement, shall befurnished to the Union upon issuance .The Postal Service opposes the Union's demand that itprovide the Union with greater information about proposedchanges, asserting that such a requirement will accomplishnothing other than to generate additional proceduralgrievances concerning whether the requested informationhas been properly or timely provided . It opposes extendingthe time for Union appeals to arbitration on the ground that60 days is ample time within which to make that decision .Finally, USPS asserts that changes in government-wideregulations may compel it to make changes in manual andhandbook provisions that are in arbitration, and that itcannot be precluded from abiding by its obligation to makerequired changes.This is one of those areas, referred to in the Introductionto this section, in which the panel perceives a real area ofcontroversy between the parties and strong views on bothsides . Accordingly, the panel will tread warily for fear ofcreating more problems than it solves . With the goal ofencouraging reasoned discussion of proposed changes,rather than automatic appeal to arbitration, the panelawards the following changes to Article 19 :The Employer shall furnish the Union with thefollowing information about each proposed change :a narrative explanation of the purpose and the impacton employees, and any documentation concerningthe proposed change from the manager whorequested the change, addressing its purpose andeffect ." (If the Union requests a meeting concerningproposed changes) The meeting will be attended by377

manager(s) who are knowledgeable about thepurpose of the proposed change and its impact onemployees ." The Union will have 90 days after receipt of notice ofa proposed change within which to submit theproposed change to arbitration .Uniforms and Work Clothes - Article 26APWU asserts that each time that the uniform and workclothes allowances are raised, the uniform manufacturersraise their prices accordingly . It seeks to break this patternby the joint development of a program pursuant to whichuniforms and work clothes would be provided toemployees who are required to wear them . Until such aprogram can be implemented, APWU demands a 4.5%increase in the clothing allowance during each year of thecontract term, beginning on November 21, 2001 . APWUalso seeks a grace period following the adoption of newuniform items, during which employees would not bedisciplined for not wearing those items . Its preciseproposals are these :The Parties are directed to appoint a joint task forcewithin 60 days to develop a program under whichuniforms and work clothes will be provided toPostal Service employees who are required to wearthem.During the period prior to implementation of thenew uniforms and work clothes program, theuniform and work clothes allowance in the NationalAgreement shall be increased as follows :Effective Nov. 21, 2001, 4.5%378

Following adoption of new uniform items, theemployees will not be disciplined for wearing theprevious uniform items for a period of at least oneyear .The Postal Service opposes the appointment of a jointtask force, pointing to the futile efforts of the parties in thepast to agree upon a program pursuant to which the PostalService would provide employees with uniforms . As forthe remaining APWU demands, the Postal Service assertsthat no increase is warranted, but that if the panel decidesotherwise, a 2.5% annual increase is the right result, sincethat has been the average annual increase in recentAgreements . The Postal Service also suggests that thequestion of how soon employees must wear new uniformsis better dealt with by the Article 26 Uniform ControlCommittee than by the National Interest Arbitration Panel .The panel will not compel the parties to appoint the jointtask force sought by APWU . As the Postal Service pointsout, the parties spent considerable time and energy in pastefforts to develop a program under which the PostalService would provide uniforms and work clothes . Thoseefforts were marked by failure and frustration, and itwould be unwise for the panel to compel the parties toresume them .The panel awards a 4.5% uniform allowance increase onNovember 21, 2001, and 2.5% on November 21, 2002 .The Union's request that the panel issue a rule regulatingdiscipline for not wearing new uniforms is denied .Local Negotiations - Article 30 and MOU Re LocalImplementationIn addition to its unopposed demand that certain dates inboth Article 30 and the MOU be amended to conform tothe equivalent dates in the 2000 Agreement, APWU379

demands a change in the procedures applicable to localnegotiations . Article 30 presently provides :A. Presently effective local memoranda ofunderstanding not inconsistent or in conflict withthe 1998 National Agreement shall remain in effectduring the term of this Agreement unless changedby mutual agreement pursuant to the localimplementation procedure set forth below or as aresult of an arbitration award or settlement arisingfrom either party's impasse of an item from thepresently effective local memorandum ofunderstanding . . .C. All proposals remaining in dispute may besubmitted to final and binding arbitration, with thewritten authorization of the national UnionPresident or the Vice President, Labor Relations .The request for arbitration must be submitted inaccordance with the Memorandum ofUnderstanding regarding Local Implementation .However, where there is no agreement and thematter is not referred to arbitration, the provisions ofthe former local memorandum of understandingshall apply, unless inconsistent with or in conflictwith the 1998 National Agreement .According to APWU, Section A has been interpreted toprovide local management with the power to declare alocal MOU inconsistent with or in conflict with theNational Agreement at any time, even years after the MOUhas been entered into . Furthermore, such a declarationrenders the challenged MOU immediately unenforceable,unless and until an arbitrator overturns management'schallenge .380

APWU protests this procedure on two grounds : (1) It isharmful to labor relations to allow management to walkaway from an agreement it has negotiated ; and (2) In lightof the delays in getting to arbitration, the mere declarationby management that a local MOU is inconsistent with or inconflict with the National Agreement bars enforcement ofthat MOU for years, even if the Union's position isultimately upheld. To remedy this problem, APWUdemands that Article 30, Section C be amended as follows(new language in bold) :C. All proposals remaining in dispute may besubmitted to final and binding arbitration, with thewritten authorization of the national UnionPresident or the Vice President, Labor Relations .The request for arbitration must be submitted inaccordance with the Memorandum ofUnderstanding regarding Local Implementation .However, where there is no agreement and thematter is not referred to arbitration, the provisions ofthe former local memorandum of understandingshall apply, ,w'ess ' , s*, .# . , ;*,, Itemsdeclared inconsistent or in conflict shall remainin effect unless changed by mutual agreement, oras a result of an arbitration award or settlementby the partiesThe Postal Service, which would retain the status quo,relies on the sanctity of the National Agreement, assertingthat a local MOU that conflicts with the NationalAgreement is appropriately subject to challenge at anytime . The Postal Service also argues that if a challengedMOU remains in force until it is overturned by anarbitrator, the Union will have an incentive to delayarbitration, thus keeping in effect a local MOU that is inconflict with the National Agreement .381

Finally, the Postal Service points out that in the 1998Agreement, the MOU regarding Local Implementation wasamended to reduce the delay in obtaining an arbitrator'sdecision . The parties agreed to select sufficient arbitratorsto hear "inconsistent and in conflict" claims to ensure thatthose claims are heard within 60 days of an appeal toarbitration . They also agreed that items challenged bymanagement as "inconsistent or in conflict" would remainin effect for approximately four months after theconclusion of the local implementation period, furtherreducing the time between a management challenge on"inconsistent or in conflict" grounds and an arbitrator'sdecision on the merits of that challenge. According toUSPS, those changes, which will be fully implemented bythe time of the local implementation period under the 2000Agreement, should be sufficient to deal with the problemsof which the Union complains . (The 1998 MOU Re LocalImplementation expires by its terms on the expiration ofthe 1998 Agreement, but USPS does not oppose itscontinuation .)While the panel sees merit in the Union's position thatallowing local management to walk away from anagreement is destructive to sound labor managementrelations, the panel also recognizes the sanctity of theNational Agreement . We further accept the USPSargument that the changes in the 1998 MOU may alleviatesome of the Union's concerns, and that the parties shouldwait until those changes have been fully implementedbefore making additional changes .Accordingly, the panel awards only one change inArticle 30 . Henceforth, local management will be able tochallenge a local MOU on "inconsistent or in conflict"grounds during the local implementation process only bymaking a reasonable claim that that MOU is inconsistent382

or in conflict with new or amended provisions of the mostrecent National Agreement. Thus, when the parties areengaged in local implementation following the 2000Agreement, local management may challenge an existinglocal MOU on "inconsistent or in conflict" grounds onlyby making a reasonable claim that that MOU isinconsistent with or in conflict with those provisions of the2000 Agreement that did not exist in the 1998 Agreement,or that have been amended subsequent to the 1998Agreement . If local management refuses to abide by alocal MOU on "inconsistent or in conflict" grounds, and anarbitrator subsequently finds that local management had noreasonable basis for its claim, the arbitrator is empoweredto issue an appropriate remedy .The panel also awards renewal of the 1998 MOU ReLocal Implementation for the duration of the 2000Agreement . (The date until which a local MOU challengedas inconsistent or in conflict shall remain in effect shall beadjusted to be four months after the conclusion of the localimplementation period under the 2000 Agreement.)The Postal Service expresses concern that a local MOUnot inconsistent or in conflict with the National Agreementat the time of the local implementation period maysubsequently become inconsistent or in conflict with theNational Agreement as the result of a mid-termmodification or addition to the National Agreement . In theevent of a mid-term change in the National Agreement,local management may challenge a local MOU subsequentto the local implementation period, but only by making areasonable claim that the MOU is inconsistent or inconflict with the changed provisions of the NationalAgreement . The challenged MOU shall remain in effectfor 120 days from the date on which the Union is notifiedin writing of management's challenge or the date of anarbitrator's award dealing with management's challenge,whichever is sooner .383

Seniority and Bidding Rights nn Consolidation ofInstallations or Establishment of a New Installation -Article 30. Section EAPWU demands that Article 30, Section E be amendedto apply to changes in installations or facilities not nowcovered by that section . APWU would also expand theprotection afforded by Section E by requiring the parties tonegotiate an application of seniority and bidding rights thatprovides all employees with reasonable opportunities formovement to other jobs and schedules, givingconsideration to any preexisting seniority and biddingrelationships . In the event of impasse in these negotiations,the dispute would be submitted to local interest arbitration .The changes demanded by APWU are shown in bold :When installations are consolidated ; when a newfacility is established ; when an independentinstallation is discontinued ; or when a classifiedstation or classified branch is transferred to thejurisdiction of another installation or made anindependent installation; the parties shall conduct athirty (30) day period of local implementation,pursuant to Section B, and the parties shall meet atthe Area level to determine the inter-installationapplication of seniority and bidding rights with thegoal of providing all affected employees reasonableopportunities for movement to other jobs andschedules and giving consideration to anypreexisting seniority and bidding relationships .These negotiations shall he conducted during athirty (,30) day period contemporaneous with theestablishment of the new installation. All proposalsremaining in dispute may be submitted to final andbinding arbitration, with the written authorization ofthe national Union President or the Vice President,Labor Relations . The request for arbitration must be384

submitted within 10 days of the end of the localimplementation period .USPS opposes the APWU proposal, which wasintroduced on the afternoon of the nineteenth hearing dayin an effort to clarify earlier APWU proposals . The PostalService argues that the revised APWU proposal constitutesa last minute attempt to alter longstanding seniority rightswithout negotiation . USPS also asserts that the APWUproposal would be certain to lead to many disputes aboutits interpretation, as it uses terms new to the parties, suchas "inter-installation" and "bidding relationships", and newstandards for determining the application of seniority andbidding rights . Finally, USPS asserts that disputes wouldarise concerning the relationship between the APWUproposal and Article 12 of the Agreement, which alsodeals with the discontinuance or consolidation of aninstallation, as well as the transfer of a classified station orbranch to the jurisdiction of another installation or madean independent installation .Without regard to other USPS objections to the APWUproposal, that proposal was not introduced until theafternoon of the next to last day of hearings . As a result, itwas not subjected to the give-and-take of negotiations, orto searching inquiry in the arbitration hearing . Under thesecircumstances, awarding this proposal would amount to anuntested leap into unexplored waters . For the reasons setforth in the Introduction, the panel is unwilling to takesuch leaps, and will not award the APWU proposal .ntracting - Article 32APWU seeks major changes in Article 32 . It would : (1)require advance notice of subcontracting at the local level ;(2) require notice whenever subcontracting will have anyimpact on bargaining unit work, rather than, as under thecurrent Article 32, when subcontracting will have a385

significant impact on bargaining unit work ; (3) involve theUnion in proposed subcontracting decisions at an earlierstage in the decision making process ; (4) preclude a finaldecision on subcontracting until all cost comparisons arecarried out ; (5) bar subcontracting unless the contractorcan do the work at least 10% less expensively thanbargaining unit employees, and (6) preclude USPS fromallowing private sector bidders the opportunity to submitmore than one bid . According to APWU, each of thesechanges (set out below in bold) is necessary to protect thework of bargaining unit employees from unwarrantedcontracting outSection 1.General PrinciplesA. The Employer will give due consideration to publicinterest, cost, efficiency, availability of equipment, andqualification of employees when evaluating the need tosubcontract .B. The Employer will give advance notification to theUnion at ] the national and local level whensubcontracting which will have an impact onbargaining unit work is being considered and will meetwith the Union while developing the initialComparative Analysis report. The Employer willconsider the Union's views nn costs and otherfactors, together with proposals to avoidsubcontracting and proposals to minimize theimpact of any subcontracting . A statement of theUnion's views and proposals will he included in theinitial Comparative Analysis and in any DecisionAnalysis Report. No final decision on whether or notsuch work will be contracted out will be made until thematter is discussed with the Union and all costcomparisons are completed.386

C. The Employer will not contract work if the costcomparison does not favor contracting by -aminimum cost differential of 1n% of in-house costs .D. In selecting the means to perform work beingconsidered for subcontracting, the Employer willprovide any and all private sector bidders only one~nnortunfty to submit a hid for the work inquestion, and will not allow any private sectorcontractor to submit a second hid after anassessment of in-house costs to perform the workhas been mUSPS opposes all changes proposed by APWU inArticle 32 . It asserts that (1) in view of the volume ofminor local subcontracting of work such as cutting lawns,painting, etc ., requiring notice at the local level wouldplace a substantial burden on local management with nocorresponding gain in the retention of bargaining unitwork ; (2) extending the reach of Article 32 at the nationallevel to all subcontracting, not just that contracting with asignificant impact, would also add a substantial burden onmanagement with no corresponding gain to the Union ; (3)involving the Union in proposed subcontracting decisionsearlier in the management decision-making process wouldsubstantially delay the decision-making process, and isunnecessary, since the Union's views are presently givenfull consideration before a subcontracting decision ismade ; (4) limiting management's freedom to contract outto situations in which there would be at least a 10% costsaving would bar management from contracting out forlegitimate reasons unrelated to cost-saving, such as theunavailability of equipment or employees necessary to dothe work in question ; and (5) allowing outside bidders onlyone opportunity to bid would impose a substantial burdenon management's ability to obtain the lowest possible bids .387

This is another area in which the panel will treadgingerly for fear of creating more problems than it solves .That being said, we will nonetheless award one changesought by the Union . The evidence showed that at presentUnion input into management's consideration of possiblesubcontracting does not occur until after the followingsteps in the decision-making process have occurred :" Concept Approval - Strategic Initiatives Manager" Briefing to Management Committee and Board" Description of Work" Decision Tree Analysis" Memorandum outlining that due consideration wasgiven to five factors in Article 32 of the CollectiveBargaining Agreement" Comparative Analysis in accordance with CostGuidelines" Decision Analysis Report (DAR) if necessary" Finance Reviews and Validates Cost Analysis" Sponsor VP/Labor Relations VP Review andPreliminary Decision" Strategic Initiatives Manager Concurrence" Briefing to Management Committee and BoardWhile USPS asserts that the Union's views are given fullconsideration at the time they are expressed, that assertionassigns insufficient weight to the reality that once anumber of top management officers have approved a plan,even if that approval is labeled "tentative", management islikely to react defensively to any contrary opinionexpressed by the Union . So here, once the StrategicInitiatives Manager, Finance, the Sponsor VP, and theLabor Relations VP have given tentative" approval to adecision to subcontract out, and have briefed theManagement Committee and the Board on that decision, itis unlikely that considerations raised by APWU thatmilitate against that decision will be listened to with anopen mind . If the command of the existing Section 32 that388

"No final decision on whether or not . . . work will becontracted out will be made until the matter has beendiscussed with the Union" is to be meaningfullyimplemented, the Union's views must be heard earlier inthe decision-making process than they are at present .Accordingly, the panel awards the language in bold facebelow to the existing Article 32, Section B :B .The Employer will give advance notification to theUnion at the national level when subcontracting whichwill have a significant impact on bargaining unit work isbeing considered and will meet with the Union whiledeveloping the initial Comparative Analysis report.The Employer will consider the Union's views nncosts and other factors, together with prollosals toavoid subcontracting and prollosaLs to minimize theimpact of any subcontracting. A statement of theUnion's views and prollosals will he included in theinitial Comparative Analysis and in any DecisionAnalysis Report relating to the subcontracting underconsideration . No final decision on whether or not suchwork will be contracted out will be made until the matteris discussed with the Union .Pay: Travel for Training - Article 36, Section 2APWU asserts that maintenance craft employees mustfrequently travel to Norman, Oklahoma, for training, andthat, under current USPS practice, some of thoseemployees receive full compensation for travel time, whileothers receive less than full compensation . If an employeetravels during his/her regular shift hours, even on anonwork day for that employee, such as a Sunday, his/hertravel hours are paid for as if they were normal workhours . If, however, a second employee travels on the sameday and the same hours as the first employee, but thosehours fall outside the second employee's regular shift, the389

second employee receives approximately 50% of his/hernormal compensation . The Postal Service justifies thistreatment on the grounds that the Fair Labor Standards Actdoes not require compensation for time spent in travelaway from home with an overnight stay when theemployee travels outside normal work hours . The partiesdisagree about whether this is a correct interpretation ofthe Act .This difference in compensation between two employeestraveling on the same day at the same time is attacked byAPWU as inherently unfair, whether or not allowed byFLSA, and is the subject of numerous pending grievances,as well as APWU sponsored litigation . In order to cure thisunfairness, and to insure that all employees are paid fortravel time, APWU demands that Article 36, Section 2 beamended by adding the following :C. All travel for job-related training will beconsidered compensable work hours .The Postal Service is opposed to this proposal on thegrounds that it goes beyond the strict requirements of theFLSA, and would cost the Postal Service approximately$1 .2 million annually (a figure not contested by APWU) .The panel awards the APWU proposal, with twoqualifications . First, this proposal will take effect onlyafter the 2000 Agreement is effective, which is the date ofthe Award, unless otherwise indicated . It is not effectiveretroactively . Second, as a condition of obtaining pay forall future travel for job-related training, APWU is directedto end all financial and other support for existing andfuture litigation regarding pay for travel to job-relatedtraining under the 1998 Agreement . APWiJ is furtherdirected to withdraw all pending grievances, includingclaims for back pay, related to travel to job-related trainingunder the 1998 Agreement .390

Filling of Maintenance Craft Positions - Article 38,Section 5 BUnder the existing Article 38, Section 5 B, maintenancecraft vacancies are filled on the basis of seniority withinoccupational group and level, and maintenance craft testscores, with seniority prevailing only as between bidderswho have identical test scores . APWU demands thatmaintenance craft positions be filled on the basis of seniorqualified in order of maintenance installation seniority . Toaccomplish this goal, APWU would replace Article 38,Section 5 B 2 in its entirety, as well as Article 38, Section5 B 8 in its entirety with the following sentence :Maintenance craft positions shall be filled on thebasis of senior qualified in order of maintenanceinstallation seniority.USPS opposes this change on the ground that it wouldinterfere with the efficient management of the PostalService by removing from management the authority toconsider the relative ability (as shown by test scores) ofcompeting bidders in filling maintenance craft positions .The panel accepts the USPS position . To substitute astandard of "senior qualified" for an existing standard of"best qualified with seniority as a tie breaker" woulddepart significantly from current practice . We would notaward such a change absent a demonstrated showing ofnecessity, and no such showing has been made .Joint Union-Management Meetings nn MaintenanceWork Assignments -Article 38 MOUAPWU asserts that :There are too many conflicts between employees overwork assignments . Because employees are unsure of391

the propriety of assignments, employees are becomingangry . The result is poor morale and an increasinggrievance workload . Grievances are filed over theappropriate level of employee to perform work . Thereare innumerable grievances at the National level anduntold numbers at the local level .In order to deal with this problem, APWU makes thefollowing proposal, which it would include as an MOU:The Employer shall bring a group of Bargaining Unitemployees and Non-Bargaining Unit employees at itsNational Training Center in Norman, Oklahoma fora period of one (1) week for the initial meeting . Thisinitial meeting shall take place within sixty (60) daysof the effective date of the Collective BargainingAgreement.The Union shall be responsible for selecting a total oftwelve (12) Bargaining Unit employees, four (4)Maintenance Mechanics, four (4) MPE Mechanics,and four (4) Electronic Technicians.The Employer shall be responsible for selecting itstwelve (12) Maintenance Managers to participate inthis endeavor.The purpose of this meeting "will be to identify,discuss and propose solution(s) to the recognizedproblems with the assignment of work among theabove referenced Occupational Groups. The Group'sfindings shall be provided to their respective NationalRepresentatives.No later than three (3) months following thecompletion of the Group's initial meeting, theEmployer shall convene the Group again at itsNational Training Center in Norman, Oklahoma for392

a one (1) week period so that it will continue itsexamination of the work assignments within theMaintenance Craft . The Group's findings shall beprovided to their respective National Representatives .The Group's work shall be completed within nine (9)months of its initial meeting. At that time it will makeits final report to their respective NationalRepresentatives .The Postal Service does not oppose the conceptunderlying the Union's proposal . It would, however,substitute a less structured proposal that would take placeover less time, and would more clearly specify the goal ofthe proposed group . Thus, the USPS counterproposalprovides :The parties agree that there are issues with regard tothe assignment of work among the occupationalgroups of Maintenance Mechanic, MPE Mechanicsand Electronic Technicians. Accordingly, theparties agree to convene a meeting within ninety (90)days of the effective date of the 2000 NationalAgreement .The purpose of the meeting will be to identify,discuss and propose solutions to the workassignment issues confronting the parties, includingthose related to the issuance of various ManagementMaintenance Orders (MMOs) . The meeting shalltake place at the National Training Center inNorman, Oklahoma, and shall include suchmanager and union-designated personnel as arenecessary to accomplish the purposes of the meeting .The group's discussions and findings shall beprovided to their respective National393

Representatives, who may choose to reconvene thegroup for further discussions and work.It is the expressed intent and expectation of theparties that this effort will eliminate outstandingissues, resolve pending grievances and appeals toarbitration under Article 19, and prevent furtherdisputes from arising.In the absence of any criticism by the Postal Service ofthe more precise and structured Union proposal, thatproposal will be awarded, since the greater precision mayavoid disputes concerning such matters as the number ofUnion personnel who may participate in the group's work .We will, however, direct that the last paragraph of theUSPS proposal be added to the APWU proposal .Memorandum of Understanding Regarding TransfersAccording to APWU, employee requests for transfersare not given adequate consideration, and the ratio of newhires to transferees is greater than it should be . APWUwould deal with this perceived unfairness by amending theMOU regarding transfers . (Since the MOU is quitelengthy, and all but one of the Union's proposed changesare in Sections A through D, only those sections are set outhere, with the proposed APWU changes in bold) .A. Installation heads may continue to fill authorizedvacancies first through promotion, internalreassignment and change to lower level, transferfrom other agencies, reinstatements, etc ., consistentwith existing regulations and applicable provisionsof the National Agreement .B .Installation heads will r n reassignment requestsfrom employees in other geographical areas within394

the Postal Service prior to hiring from the street.The requests will be granted in the order receivedconsistent with the vacancies being filled and typeof positions requested .C. Districts will maintain a record of the requests forreassignment received in the offices within theirarea of responsibility . All requests forreassigninents shall he provided to the Districtsby the APWU. This record may be reviewed by theUnion on an annual basis upon request .Additionally, on a semiannual basis local Unionsmay request information necessary to determine ifprovisions of this memo are being met .D. All employees who are considered forreassignment must meet the minimumqualifications for all positions to which theXrequest reassignment .USPS opposes the amendments sought by the Union . Itpoints out that Section D of the existing MOU authorizesmanagement to consider the work, attendance, and safetyrecords of employees being considered for reassignment,and protests depriving management of the opportunity totake these factors into account before approving areassignment request .The panel finds the USPS arguments persuasive, andwill not award the changes sought by APWU .Memorandum of Understandine Regarding PTFsReassignment O111jortunitiesThe MOU provides in relevant part as follows395

All part-time flexible (PTF) clerk craft employeeson the rolls on the date of this agreement who havecompleted their probationary period in installationswith less than 100 career clerk craft employees willbe given an opportunity to be reassigned to officeswith 100 or more career clerk craft employees .APWU proposes that this MOU be updated so that allPTFs on the rolls on November 21, 2000, would beallowed a reassignment opportunity . USPS does notoppose the APWU proposal, but would have the MOUexpire on the termination date of the 2000 Agreement .The panel awards the Union proposal with the expirationdate sought by the Postal Service .Memorandum of Understanding RegardingComputerized Transfer Request SvstemAPWU asserts that both it and the Postal Service wouldbenefit if they were to develop a computerized transferrequest system to process and track reassignments andtransfers . Accordingly, APWU proposes the followingMOU:The United States Postal Service and the AmericanPostal Workers Union will develop a sharedcomputerized transfer request system to processand track reassignments and transfers under thePTF Reassignment Memorandum and othertransfer provisions.USPS expresses no interest in participating in a sharedcomputerized transfer request system . It complains of therisk that employees will not want their transfer requestsshared with APWLJ, and will claim that their privacy rightswere violated by such sharing . USPS also asserts that sucha system would be of little value, as employees can learn396

about transfer opportunities at an installation to which theywish to transfer by contacting the installation manager .Whatever the benefits of the APWU proposal, it is clearto the panel that a shared computerized transfer system,like any joint union-management project, will succeedonly if both parties are committed to a cooperative effort tomake it succeed . In the absence of such a commitment bythe Postal Service, the proposed shared computerizedtransfer system is unlikely to succeed, and the panel willnot order that it be undertaken .Memorandum of Understanding Regarding AnnualLeave Exchange OptionAPWU demands that this MOU, which expired on theexpiration date of the 1998 Agreement, be madepermanent . USPS does not oppose its continuation for thelife of the 2000 Agreement .The panel awards the renewal of the MOU for the lengthof the 2000 Agreement .Memorandum of Understanding Regarding LeaveSharingAPWU demands that this MOU, which expired on theexpiration date of the 1998 Agreement, be madepermanent . USPS does not oppose its continuation for thelife of the 2000 Agreement .The panel awards the renewal of the MOU for the lengthof the 2000 Agreement .397

Memorandum of Understanding Regarding Purggof Warning LettersThis MOU, which was contained in the 1998Agreement, provides that :The parties agree that there will be a one-time purge ofOfficial Disciplinary Letters of Warning from thepersonnel folders of all employees represented by theAmerican Postal Workers Union . To qualify to bepurged, a Letter of Warning must meet the followingconditions :a . An issue date prior to the effective date of the 1998National Agreement between the parties .b . The Letter of Warning has been in effect for 6months and has not been cited as an element of priordiscipline in any subsequent disciplinary action .c . The Letter of Warning was not issued in lieu of asuspension or a removal action .d . All grievances associated with discipline that ispurged as a result of this Memorandum shall bewithdrawn .APWU demands that this MOU be updated andcontinued through the term of the 2000 Agreement . USPSopposes that demand . It points out that Article 16, Section10 of the Agreement provides for the removal of a warningletter from an employee's official personnel folder aftertwo years if there has been no disciplinary action institutedagainst the employee in that two-year period. It argues thatthere is no justification for removing some warning lettersafter six months merely because a new Agreement hasbeen entered into, other than as an inducement toemployees to support that Agreement in a ratification vote .Since there is to be no ratification vote on the instantAgreement, USPS opposes continuation of the MOU.398

The Postal Service arguments against the continuation ofthe MOU are persuasive, and the panel will not award suchcontinuation .Memorandum of Understanding Regarding RetailOperations Within InstallationsAPWU demands that the following MOU, which expiredat the expiration of the 1998 Agreement, be continued andmade permanent :The parties agree that all existing retail operationswill remain within the installation of which they area part and all future retail operations establishedwithin the jurisdiction of an installation shallbecome a part of that installation .This memorandum is entered into without prejudiceto the positions of either party on any issues .The Postal Service asserts that it has abandoned anyplans to establish separate retail installations, hence thatthis MOU is no longer necessary. As APWU notes,however, if the Postal Service does not plan to establishany separate retail installations, this MOU will have nonegative effect on the Postal Service, and will give APWUthe assurance that the Postal Service cannot do what it nowsays it has no intention of doing . From the APWUperspective, this is a "belt and suspenders" MOU.Perceiving no harm to USPS in its doing so, the panelawards the MOU sought by the Union . The MOU willexpire at the conclusion of the 2000 Agreement .399

Memorandum of Understanding RegardingComputerized Forwarding System (,CFS) RotationAPWU demands that this MOU, which expired at thetermination of the 1998 Agreement, be continued andmade permanent . USPS asserts that nearly all local levelparties have already met and reached the agreement calledfor by the MOU. Accordingly, while USPS does notoppose continuation of the MOU, it would insert thefollowing paragraph at the beginning of the MOU:The parties who have not previously met andreached agreement at the local level as providedbelow shall, during the term of the 2000 NationalAgreement, be afforded the opportunity to do so. Itis expressly understood that this Memorandum ofUnderstanding shall sunset at the expiration of the2000 National Agreement.The panel awards the continuation of the MOU for theduration of the 2000 Agreement, with the addition of thefirst sentence proposed by USPS . We see no reason,however, to emphasize the termination of this MOU morethan any other, and will not award the second sentenceproposed by USPS . Instead, the MOU will be followed, asis typically the case, by a sentence stating that it expireswith the expiration of the 2000 National Agreement . (TheUnion opposes such an expiration date, asserting that theMOU should remain in place as long as there are any localparties that have not agreed on an appropriate work/breakcycle . Even accepting this argument, however, thereappear to be fewer than ten local parties that have not yetagreed on an appropriate work/break cycle, and it isentirely likely that they will have done so by thetermination date of the 2000 Agreement.)400

Memorandum of Understanding Regarding DependentCareThe 1998 Agreement contained an MOU pursuant towhich the parties agreed to add a Dependent CareSubcommittee to the National EAP Committee, and tocharge that Subcommittee with the responsibility ofdeveloping a national program for dependent care . Uponimplementation of this program, the Subcommittee was tomonitor and evaluate the program . The MOU furtherprovided that at the end of the 1998 contract term, theparties were to determine if they wished to continue theprogram .The Subcommittee, pursuant to the MOU, selected aprovider for resource and referral services, and thatprovider has been functioning since November 1999, whena 9-site program was introduced . The program was rolledout nationally in September -October 2000 . APWU wantsto continue the MOU on a permanent basis . USPS wants toterminate the Subcommittee's contract with the currentprovider, and transfer responsibility for the provision ofresource and referral services to the provider under theEAP program .According to USPS, the dependent care resource andreferral service has been so little used that each call, underthe fixed fee arrangement with the current provider, hascost in excess of $200, a total in excess of $1 million . Itcontends that the same services could be provided by theEAP provider at a fraction of that cost .APWU responds that the low utilization rate has been afunction of insufficient publicity, and that the solution is toincrease employee awareness of the dependent careprogram, rather than to turn the program over to the EAPprovider . APWU further points out that the EAP providerwas among those considered by the Dependent Care401

Subcommittee to provide its referral service, but wasrejected as inferior to the current Dependent CareSubcommittee provider. Hence, APWU opposestransferring the responsibility for dependent care referralservices to the EAP provider .The panel awards that the MOU on Dependent Care beextended through the term of the 2000 Agreement. Thisshould provide sufficient time for the Subcommittee to seeif, through increased publicity, it can generate greateremployee awareness and utilization of its referral service .The panel also orders that the Postal Service, no later thanApril 1, 2002, to re-bid the contract for the provision ofdependent care resource and referral . The Dependent CareSubcommittee shall evaluate the proposed cost and qualityof all bidders prior to selecting the bidder to whom a newcontract for the provision of dependent care resource andreferral services will be awarded .Memorandum of Understanding RegardingSubcontractingAPWU proposes a MOU that would ban all additionalsubcontracting during the term of the 2000 Agreement .USPS opposes this demand, characterizing it as asubstantial and unjustified restriction on its managerialprerogative to subcontract when called for by legitimatebusiness needs . The panel will not award this MOU.Memorandum of Understanding Regarding MailEquipment Shops OperationsAPWU proposes the permanent renewal of this MOU,which expired at the end of the 1998 Agreement. USPSdoes not oppose its renewal, but would limit it to the termof the 2000 Agreement .402

The panel awards the renewal of this MOU throughthe term of the 2000 Agreement .Memorandum of Understanding Regarding NLRBDispute Resolution ProcessAPWU demands the deletion of this MOU, which dealswith APWU requests for information under Articles 17 .3and 31 .3 of the Agreement . According to APWU, theprocedure set out in this MOU has failed to provide it withthe information to which it is entitled .) While USPS assertsthat the procedure could be made to function effectively, itdid not oppose the Union demand for deletion .Accordingly, the panel orders that this MOU bediscontinued .Memorandum of Understanding Regarding Article7.12, and 13 - Cross Craft and Office SizeUSPS supports, and APWU opposes, the continuation ofthis MOU, which applies to the 1998 Agreement .USPS asserts that this MOU provides it with the abilityto comply with its obligations to the APWU under Articles7, 12, and 13 . In the absence of any persuasive argumentby APWU to the contrary, the panel awards thecontinuation of this MOU.All references in this MOU to the 1998 Agreement shall beamended to refer to the 2000 Agreement .IQ.PROVLSIONS OF THE 1998 AGREEMENT ANDMEMORANDA OF UNDERSTANDING NOTDEALT WITHIN THIS AWARDAll provisions of the 1998 Agreement, and allmemoranda of Understanding under the 1998 Agreement403

which have not been dealt with in this Award shall remainin full force and effect .Stephen R. GoldbergNeutral ArbitratorCarin A. Claus Robert A. DufekAPWU ArbitratorUSPS ArbitratorEntered : December 18, 2001404

BEFORE THE INTEREST ARBITRATION PANELIn the Matter of:UNITED STATES POSTAL SERVICEEmployer-and-AMERICAN POSTAL WORKERS UNION, AFL-CIOUnion2000 National AgreementSTEPHEN B . GOLDBERG, Neutral ChairCARINA . CLAUSS, APWUMemberROBERT A . DUFEK, LISPS MemberSUPPLEMENTAL OPMON DEALING WITHECONOMIC LSSUESOn December 18, 2001, the Panel issued its Award inthis matter. In the interest of issuing that Award aspromptly as possible, the Panel did not, at that time,prepare an opinion explaining its reasoning on economicissues . This Supplemental Opinion is intended to repairthat omission . While all members of the Panel joined in theAward, this Opinion is that of the Neutral Chair . 1'The Neutral Chair would be remiss if he did not express in this Opinionhis gratitude to panel members Carin Claus sand Robert Dufekfor themanner in which they carried out their functions . Each of them assistedthe Neutral Chair to fully understand the concerns of the party thatappointed him/her, and each vigorously advocated those concerns . At thesame time, each of them, when asked by the Neutral Chair to do so,helped the Neutral Chair on many issues to find solutions that, while notproviding eitherparty with everything it sought, nonetheless satisfied thecore concerns of each . To the extent that the Panel's Award does so (aswell as satisfying the commands of the Postal Reorganization Act), muchof the credit must go to Ms . Claus and Mr. Dufek.405

1. ComparabilityA. Contentions of the PartiesThe Postal Reorganization Act of 1970, whichestablishes collective bargaining as the means by whichwages and benefits are to be established for postalworkers, also provides guidelines for determining thosewages and benefits . It states :It shall be the policy of the Postal Service tomaintain compensation and benefits for allofficers and employees on a standard ofcomparability to the compensation and benefitspaid for comparable levels of work in the privatesector of the economy . 39 U.S .C . 1003(a) .As an employer, the Postal Service shall achieveand maintain compensation for its officers andemployees comparable to the rates and types ofcompensation paid in the private sector of theeconomy of the United States . 39 U.S . C. 101 (c) .A central argument of the Postal Service in theseproceedings was that postal employees in general, andAPWU-represented employees in particular, receivecompensation and benefits greater than those paid in theprivate sector for comparable work, a differencecharacterized by the Postal Service as a "wage premium" .In support of the existence of a Postal Service wagepremium, the Postal Service relied upon a series ofregression analyses performed by Dr . Michael Wachterand his colleagues . Using data from the Current PopulationSurvey, the Dictionary of Occupational Titles, and theOccupational Information Network, Dr . Wachterconcluded that postal clerks are paid between 21 .2% and35.7% more than employees who have similar "human406

capital" characteristics (age, education, occupationalcategory, region of residence, city size, and job tenure),and who are doing comparable work in the private sector .Dr . Wachter also concluded that across all mail processingand clerk crafts, the wage premium was 33.9% .In addition to regression analyses, the Postal Servicerelied upon a job analysis study performed by HayManagement Consultants . Hay studied 31 highincumbencyAPWU jobs in all crafts, compared the ratesof pay for those jobs with pay rates for comparable privatesector jobs, and concluded that the average wage premiumacross the APWU bargaining unit is 26.5% . Only thehigher-level technical positions were found to be at or nearcomparability .The Postal Service also presented evidence (the NewHire Survey) showing that newly-hired postal clerksreceived a starting wage that averaged 31 .8% more thanthe wage they received in their last job, an increasesubstantially above the 4% wage increase received by theaverage private sector job-changer . (The average wageincrease for all Postal Service new hires was 28.4%, alsosubstantially higher than the private sector 4% .)Additionally, the Postal Service introduced evidence thatthe APWU full-time employee quit rate averaged slightlyless than 1% per year from 1991-2000 . While the Bureauof Labor Statistics does not maintain current quit rate data,in 1981, the last year such data were collected, the quit ratefor employees in manufacturing was over 15%, while thequit rate for full-time Postal Service employees was 1 .5% .The Postal Service also introduced evidence showing thatthere are large applicant queues for Postal Servicepositions, even when unemployment is low . In July 2001,the number of applicants for clerk positions was in excessof 400,000.407

Finally, the Postal Service introduced testimonyconcerning the rapid growth in worksharing, particularlydestination entry mail, which bypasses the entire USPSsort and distribution function . The USPS contended thatprivate sector mail logistics and sortation companies hadlower labor costs which allowed them to perform the sortand distribution function more cheaply and efficiently thanthe USPS .APWU attacked the results of the Wachter regressionanalyses primarily on the ground that they failed to controlfor relevant variables - race, gender, union status, and firmsize - and that if these controls are added, the so-called"wage premium" disappears . APWU argued that theseeming differences between the wages of postal workersand persons doing similar work in the private sector aredue in part to the fact that private sector employerscontinue to practice wage discrimination against minorityand female employees, while the Postal Service does not .According to APWU, if Postal Service wages are peggedto private sector wages, without taking account of thediscrimination in the private sector, the Postal Service willbe profiting by private sector discrimination . Similarly,APWU argued that a comparison which does not takeaccount of the fact that most private sector workers are notrepresented by unions, while Postal Service workers areunion-represented, and union representation isaccompanied by both higher wages and greaterproductivity, gives the Postal Service the advantages thatflow from the union representation of its employeeswithout requiring it to pay for those advantages in the formof higher wages .APWU also attacked the Hay job analysis on thegrounds that (1) the Hay group did not consider whetherthe private sector jobs it studied were unionized,and (2)APWU was not allowed to examine the Hay analysis ofprivate sector jobs (asserted by Hay to be proprietary408

information) . As for Postal Service data on quit rates andthe new hire premium, APWU stated :USPS quit rates are low because the size andgeographic scope of USPS permits employeesto transfer rather than quit . Furthermore, thequit rate data relied on by USPS are suspectbecause they omit transitional employees,while private sector data on quit rates do notexclude non-career workers, provided they areworking full time .The new hire premium data are similarlysuspect because they omit transitionalemployees, whose initial pay is less than thatreceived by other newly hired employees, andbecause they deal only with clerks, omittingmaintenance and motor vehicle personnel .Furthermore, every postal clerk is hired as a parttime flexible, and a substantial wage premiumis necessary to induce a full time worker to takea part time position with no fixed schedule .Finally, APWU argued that the growth of worksharingand destination entry mail was a function of overlygenerous discounts to mailers awarded by the Postal RateCommission, which provided too great an incentive to theuse of private sort and logistics companies .According to APWU, the best means of determining thewages paid in the private sector for work comparable tothat performed by APWU-represented employees is byexamining the wages paid in nine major industries, as thePostal Service did from 1977 to 1985 . APWU focusedparticularly on the wages paid by United Parcel Serviceand Federal Express, two Postal Service competitors ofcomparable scope and size . Wage data submitted byAPWU for UPS show that the top rates paid automotive409

mechanics, tractor trailer drivers, motor vehicle operators,window clerks, and distribution clerks are higher at UPSthan at the Postal Service, and that the top rate is reachedsooner, an average of 2 years at UPS and 9.7 years at thePostal Service . FedEx top rates are higher for automotivemechanics and tractor trailer drivers, and lower for motorvehicle operators, window clerks, and distribution clerks .FedEx employees, too, reach the top rate sooner thanPostal Service employees, an average of 5 .5 years atFedEx, compared to 9.7 years at the Postal Service .APWU also focused on the wages paid to letter carriers .It pointed out that letter carriers are in pay level 6, andclerks are in pay level 5, yet, according to APWU, clerksperform work of comparable difficulty, and should receivethe same wages . In support of its position, APWU quotedextensively from the testimony of Postal Service witnessesin the 1999 NALC interest arbitration before arbitratorGeorge Fleischli . In those proceedings, as APWU pointsout, several Postal Service witnesses testified that the skill,effort, and responsibility required of clerks was equivalentto, or greater than, the skill, effort, and responsibility ofletter carriers, hence that carriers should receive no higherpay than clerks . The Postal Service also argued that clerksand carriers had been at the same pay level for many years,and that it would be destructive of the relationship betweenclerks and carriers, as well as disruptive to collectivebargaining at the Postal Service, if this long-standingparity was disturbed .APWU recognized that Arbitrator Fleischli rejected thePostal Service arguments, awarding the carriers an upgradeto pay level 6, and breaking parity with the clerks .Nonetheless, APWU took the position that, having arguedbefore arbitrator Fleischli that clerks and carriers work iscomparable, and that disturbing parity would be harmful,the Postal Service can hardly adopt a different position inthis proceeding . Thus, at very least, APWU is entitled to410

wage increases large enough to catch up to the NALCbargaining unit, and so re-establish parity between clerksand carriers .APWU also argued that to the extent the Fleischli awardrested upon the impact of automation on the letter carriersas a justification for an upgrade, automation has had agreater impact on clerks than on carriers . Additionally,APWU clerk productivity gains have been great .Accordingly, an upgrade for clerks, equaling that awardedcarriers, is amply warranted .The Postal Service responded to each of the APWUarguments . First, it argued that the private sectorcomparison should be to comparable levels of work in theentire private sector, not limited by industry, firm size, orunion status . According to the Postal Service, fewer than10% of private sector employees are represented byunions, and it would pervert the intention of the PostalReorganization Act for the Postal Service or this InterestArbitration Panel to exclude 90% of private sectoremployees when making the wage comparisons called forby the Postal Reorganization Act .The Postal Service response to the FedEx/UPS wagecomparison was that UPS and FedEx pay some full-timeemployees at higher rates than their Postal Servicecounterparts, but each of those employers has more than50% part-time employees. Those part time employees arepaid far less than full-time employees, and far less thancomparable Postal Service employees . Accordingly, theaverage wage across the UPS and FedEx employee groupsis substantially below the average wage across the APWUbargaining unit for employees doing comparable work .The Postal Service response to the APWU parityargument was that the Postal Reform Act does not requireparity among the employees represented by the different411

unions with which the Postal Service bargains . Indeed, theemergence of wage differentials between these employeesis due to the unions themselves, and results from thedifferent bargaining positions and priorities each union hasadvanced in negotiations with the Postal Service .Finally, the Postal Service argued that neitherautomation nor APWU productivity gains support parityfor APWU clerks . According to the Postal Serviceevidence, the major impact of automation on the clerksoccurred long ago, and rather than making their work moredifficult, made it simpler . The Postal Service alsointroduced evidence showing that there is no relationshipbetween productivity growth in a particular firm (whetherlabor productivity or total factor productivity) and wagegrowth . It also introduced evidence to the effect thatproductivity gains in mail processing are a result of thebillions of dollars spent by the Postal Service onautomated equipment, and that in non-automated areas,APWU productivity has decreased .B. AnalysisInitially, I reject the APWLJ argument that the Panelshould consider the wages paid to carriers in determiningthe appropriate wages for clerks . While internalcomparability may be relevant to minimize workplacetensions, the Postal Reorganization Act requires that thePanel focus on external comparability - wages and benefitspaid in the private sector - not on internal comparability orinternal equity . I also reject the related argument thatparity between clerks and carriers must be reestablished asa matter of past practice or of avoiding collectivebargaining disruptions . Inasmuch as each of the four postalunions negotiates separately with the Postal Service,contractual differences are inevitable unless the unions andthe Postal Service agree that parity should be maintained .No such agreement exists, and the panel will not impose412

parity for its own sake . The wages of clerks will bedetermined on the basis of private sector comparability,not on the basis of parity with letter carriers .The evidence relating to private sector comparability isboth voluminous and contradictory . As the parties'contentions (Part A) make clear, for each argument raisedby one party, there is a counter-argument from the otherparty ; for each data analysis, there is a counter-analysis .The parties are represented by highly competent counsel,and have engaged in interest arbitration many times beforethe present proceeding . Each interest arbitration bears amarked similarity to the previous arbitrations, as theparties typically present many of the same witnesses, andmake many of the same arguments . (The Postal Service,because it deals with other unions in addition to APWU,has engaged in more interest arbitrations than has APWU,but APWU is intimately familiar with every detail of theinterest arbitrations between the Postal Service and itsother unions .) Having heard each other's witnesses andarguments many times, the parties have refined both theirarguments and counter-arguments to the point that thisPanel would need to devote weeks of study and analysis topierce to the core of all the parties' arguments and dataanalyses .When all is said and done, however, what stands outclearly, divorced from all the competing multivariateregression analyses and job content analyses, is that PostalService jobs are highly sought after, and once obtained, areheld onto . Applicant queues are long, and the quit rate isall but non-existent . Z Nor is this surprising or counterintuitive. Employees represented by APWU have total jobsecurity, an extraordinary benefit package', and wages thathave fully kept up with inflation .'These data, which show how much Postal Service jobs arevalued, both by those who want them and by those who413

have them, provide powerful support for the Postal Serviceargument that the Postal Service provides a wage andbenefit package to APWU represented employees that isbetter than that available for comparable work in theprivate sector. Further support of a very straightforwardnature for this conclusion is provided by the New HireSurvey, which showed that newly-hired Postal Serviceemployees receive an average 2 .8% pay increase fromtheir prior jobs, and postal clerks receive an average 31 .8%increase, both of which are substantially greater than theaverage 4% increase received by private sector jobchangers . 5 For all these reasons, I conclude that APWUrepresentedemployees do in general receive a wagepremium, though I hesitate to quantify that premium withanything like the exact figures suggested by the variousPostal Service multivariate regression and job contentanalyses .2 APWU suggests that thepostal clerk quit rate data are flawedbecause (1) the size and geographic scope of the Postal Serviceissuch that employees can transfer rather than quit, holding downthe quit rate without regard to Postal Service wages and benefits ;(2) the data do not include Transitional Employees, and are thusnot comparable to the private sector quit rate data, which includeall full time employees . While point (1) is theoretically sound,there was no record evidence concerning the number ofAPWUrepresented employees who actually do transfer . Therewas evidence that of the approximately 31,000 part-time flexibleemployees who were in the bargaining unit on the effective dateof the 1998 contract, only 112 requested transfers from small tolarge offices, as they were entitled to do under the Memorandumof Understanding Regarding PTF Reassignment Opportunities .This suggests that transfer opportunities may not be so heavilyused by Postal Service employees as to have a significant effectin keeping the quit rate down . As for point (2), TransitionalEmployees make up less than 5% (approximately 15,000/340,000) of the APWUbargaining unit . Hence, their inclusionwould be unlikely to have a substantial effect on the overallAPWU quit rate . Furthermore, the only private sector414

In concluding that there exists a Postal Service wagepremium, I join a long list of arbitrators in prior USPSinterest arbitrations who have reached the sameconclusion . See Awards of Clark Kerr (discrepancies incomparability exist)(1984) ; Richard Mittenthal (a wagepremium still exists)(1991) ; Arthur Stark (need for wageincreases even more modest than those awarded byMittenthal)(1995) : David Vaughn (NPMHU representedemployees continue to enjoy a wage premium compared totheir counterparts in the private sector)(1996) .comparison in the evidence introduced by the Postal Service wasfor 1981, when the private sector manufacturing quit rate wasabove 15%, the Postal Service quit rate was 1 .5%, and theTransitional Employee category did not exist . Finally, evenwithout aprivate sector comparison, a 1% quit rate shows thatAPWU bargaining unit employees hardly ever leave their jobsvoluntarily, clear evidence that those are good jobs . The lengthyapplicant queues, concerning which APWUis silent, are equallyclear evidence of this fact .3 These include retirement plans indexed to the CPI for the livesof the survivors ; early retirement at age 55 with no actuarialreduction in benefits ; retiree health care (70% paid by USPS) ;health insurance (85% paid by USPS) ; life insurance (100% paidby USPS) ; annual leave up to 26 days per year, with up to 55days carryover ; 13 days of sick leave per year ; sick leave fordependent care ; and 10 holidays per year.° While APWU introduced evidence that the average wage in theAPWUbargaining unit had not kept pace with changes in theConsumer Price Index (CPI-W) ortheEmployment Cost Index(ECI) since 1984, that is a result of the introduction of new entrysteps in the Kerr and Mittenthal awards, and the awarding of theTransitional Employee classification in the Mittenthal award .415

II.LISPS Financial ConditionA. Contentions of the PartiesAnother of the main contentions of the Postal Service inthese proceedings was that its financial condition is such asto require wage and benefit moderation . Among the pointsmade by the Postal Service were the following:" The Postal Service lost approximately $1 .65billion in fiscal year 2001 . Prior to the eventsof September 11, 2001, a deficit of $1 .35billion was projected for fiscal year 2002 .Additionally, evidence introduced by the Postal Servicedemonstrated that actual APWU-represented employees on thepayroll from 1984 to 2000 enj oyed real wage growth relative tothe CPI-W during the term of every contract between APWU andthe Postal Service .5 APWU sought to diminish the significance of the New HireSurvey by pointing out that postal clerks are initially hired aspart-time flexibles, suggesting that extrawages maybe necessaryto persuade them to take apart time job with no fixed schedule .This is pure speculation, however, and does little to diminish theforce of the data . APWU also noted that the New Hire Surveyexcludes Transitional Employees, but that is irrelevant, sincethefocus here is onthe comparative wages of career employees .Finally, APWU noted that the New Hire Survey is limited topostal clerks, and does notshow theexistence ofawagepremium formaintenance ormotor vehicle personnel . Theexistence of an average 28.4% new hire premium across theentire Postal Service suggests, however, that the new hirepremium is unlikely to be substantially less for the maintenanceand motor vehicle crafts . To the extent that the Panel concludesthat particular job classifications within the maintenance andmotorvehicle craft are not the beneficiaries of a wage premium,thosejobclassifications were treated separatelyintheAward .Seepage 13, supra .416

First Class mail is the "bread and butter" ofthe Postal Service, providing 67% of PostalService revenues . However, the PostalService has experienced a substantialslowdown in First Class mail volume growth,going from 5.1 % in 1980-1990 to 2.2% in1991 -2000 . First Class mail is projected to bein absolute decline in 2003 .The slowdown in First Class mail growth isprimarily attributable to technologicalcompetition - facsimile machines, e-mail,online banking, electronic bill payments,electronic funds transfer, and electronic dataexchange . The impact of technologicalcompetition is expected to result in the loss ofover 14 billion pieces of single piece FirstClass mail in the year 2005 .Postal Service expenses continue to rise . ThePostal Service is statutorily required to provideuniversal service, and adds 1 .7 million newdelivery points each year, an annual increasedexpense of approximately $400 million .Cumulative revenue and expense growth from1996 to 2001 shows revenues increasing byapproximately $12 billion, and expenses byalmost $16 billion . This outstripping ofrevenues by expenses, which is due primarily totechnological competition, has created a longtermstructural deficit .Rate increases cannot resolve this structuraldeficit . Neither the Postal Rate Commission norsound public policy would permitdisproportionately high rate increases on FirstClass mail, and high rate increases on otherPostal Service products (such as Priority Mail,Express Mail, Standard Mail, and Parcel Post),would be selfdefeating, because these productsmust compete with private sector providers .417

An essential component of any cost containmentstrategy in the Postal Service must includearresting the rapid rise in labor costs, whichaccount for 76% of USPS expenses . APWUrepresentedemployees alone account for30.4% of all USPS expenses 6Cost containment is particularly important inthe first year of the 2000 Agreement, in light ofthe immediate threats to Postal Service income :(1) an economy that has been in decline since2000 ; (2) the terrorist attacks of September 11,2001, that weakened the economy still further,with a rebound not expected until the latter partof 2002 ; (3) the dissemination of anthraxthrough the mails, which has undoubtedly had ashort-term negative effect on postal volume,and an uncertain long-term effect .The USPS needs critical breathing space toposition its product lines to grow volume inStandard Mail and related products, and toconsolidate its mail sortation and processingfacilities to reflect emerging First Class mailgrowth trends . This can be done, but notwithout significant cost restraint, particularly inthe first year of the 2000 Agreement .The APWU response to these contentions was as follows :" The Postal Service's protestations of povertyare irrelevant, as these interest arbitrationproceedings are not a forum for analysis of thePostal Service's financial condition . TheInterest Arbitration Panel has but oneresponsibility, and that is to apply the criteria6 APWU introduced evidence that APWU compensation asa share of USPS operating expenses declined from over 34%in 1984 to 27.3% in 2001 .418

set out in the Postal Reorganization Act of 1970for determining the wages and benefits of postalemployees .The Postal Service's $1 .65 billion deficit infiscal 2001, and its anticipated $1.35 billiondeficit in fiscal 2002 must be considered in lightof its annual revenues of approximately $70billion .The deficit experienced by the Postal Serviceprior to September 11, 2001, was in keepingwith its normal business experience, and posedno threat to the fiscal stability of the PostalService . The pending postal rate case isanticipated to generate a Postal Service surplusof up to $2 .8 billion as early as fiscal 2003 .The Postal Service has requested several billiondollars in financial relief from Congress to dealwith the losses occasioned by the appearance ofanthrax in the mail, and there is no doubt thatCongress will take action to insure thecontinued financial viability of the PostalService .B. AnalysisThe evidence is convincing that the Postal Service isfaced with a long-term structural deficit that threatens itsviability under the existing legislative scheme . I do not,however, accept the argument that a long-term structuraldeficit warrants reducing the wages and benefits of PostalService employees below those earned by employeesdoing comparable work in the private sector. The PostalReorganization Act provides for comparable wages andbenefits, and does not condition that comparability on thelong-term financial health of the Postal Service, asopposed to broader economic trends that affect wage andbenefit comparability . If the current legislative system forfinancing the Postal Service is no longer functioning well419

due to technological changes in the means by whichAmericans communicate, it is for Congress to provide analternative financing system, not for this Panel to requirePostal Service employees to subsidize the long-termstructural deficit of the Postal Service by working at wagesand benefits less than those earned by employees doingcomparable work in the private sector .On the other hand, I do regard the immediate, short-termfinancial problems facing the Postal Service as a result ofthe terrorist attacks of September 11 and their economic aftermath,as well as the anthrax threat, to be relevant to thePanel's award . Private sector employees whose employersare faced with a short-term crisis have frequently moderatedtheir financial demands to enable their employer to weatherthat crisis, and, taking the comparability analysis one stepfurther, it is not inappropriate to require Postal Service employeesto do likewise . This is particularly true in the firstyear of the 2000 Agreement, which runs from November2000 through November 2001, since substantial increases inthat year, if retroactive, would impose a major financial burdenon the Postal Service right now, when it must deal withthe extraordinary financial problems referred to above . And,while the pending rate case will undoubtedly bring some reliefto Postal Service finances, that relief will not occur priorto fiscal 2003 .'The Postal Service argues that its current financial problems arenot solely a function of September 11 and the anthrax threat.Rather, according to the Postal Service, these events did no morethan to exacerbate a financial crisis that existed well beforeSeptember 11 . The Postal Service points outthat itlostapproximately $1 .65 billion in fiscal year 2001, and that evenbefore the events of September 11, a deficit of $1 .35 billion wasprojected far fiscal year 2002 .These deficits do not, however, play an independent role in myanalysis . To the extent that they were a function of technologicalcompetition (the structural deficit), they are dealt with above. To420

III.AwardConsistent with the forgoing analysis, the Panel's awardrests upon two core conclusions : (1) APWU-representedemployees, in general, receive wages and benefits thatexceed the wages and benefits received by employeesperforming comparable work in the private sector ; (2) Theextraordinary financial problems faced by the PostalService as a result of the terrorist attacks of September 11and their economic aftermath, as well as the anthrax threat,require moderation in the wages and benefits to beawarded to APWU-represented employees in the first yearof the 2000 Agreement .It is my judgment that the terms of the Award, asannounced by the Panel on December 18, 2001, areconsistent with these conclusions . The general wageincrease, plus the anticipated COLA payments during theterm of the Agreement, are anticipated to amount to 7.6 %,while the cost of living during that period (CPI-W) ispredicted to rise between 7 .0 % (USPS) and 7.3 %(APWLJ) .8 Thus, even under the most pessimistic forecast,the average APWU-represented employee will receivewages and COLA payments that will more than keep upwith inflation .the extent that they were a function of a pre-September 11sluggish economy, their influence on my decision was indirect .Under the Postal Reorganization Act, with its focus oncomparing Postal Service wages to those in the private sector, aweak economy is relevant only to the extent that it drives downprivate sector wages and benefits, not to the extent that it reducesPostal Service profitability . To the extent that a weak pre-September economy did hold down private sector wages andbenefits, thus creating (or increasing) the Postal Service wagepremium, it played a role in Part I of this Opinion(Comparability), but does not play an additional role in Part IICUSPS Financial Condition) .421

Another appropriate statistic with which to compare the7 .6 % increase in APWU wages and benefits is theEmployment Cost Index (ECI), which measures theaverage increase or decrease in the total labor costs ofemployers across the U.S . economy . The Postal Serviceevidence, which consisted of the revised DRI-WEFANovember 2001 forecast, was that the ECI will increase9 .6 % over the term of the Agreement; the APWUevidence projects a 7% increase over the first two years ofthe Agreement, and, assuming the accuracy of the DRI-WEFA prediction of 3.2% for the third year, a 10.2%increase over the term of the Agreement .9 APWUrepresentedemployees will thus receive an increase ofapproximately 1 % per year less in total wages and benefitsthan will employees across the U.S . economy . Thisdifference is entirely appropriate in light of the wage andbenefit premium that I have found APWU representedemployees to enjoy . It is also consistent with recentarbitration awards,l° and with Postal Service projectionsconcerning the cost of the 1998-2000 Agreement."While I believe this Award to be eminently fair in itstreatment of the employees represented by APWU, I alsobelieve it to be responsive to the concerns of the PostalService . For the first year of the Agreement, whichencompasses the period from November 2000 throughNovember 2001, the cost of the Award to the PostalService is 1 .7 %, compared with the economy-wide ECIincrease during that period of 3 .6 %. The restraintrepresented by that limited increase should provide thefirst year "breathing space" that the Postal Service assertsit needs to deal with its immediate financial concerns .'The 7.6% increase consists of a4.4% general increase, 2.7% inanticipated COLA payments, and 0.5%, which represents theincrease in the average APWU wage resulting from the selectedupgrades of certain classifications .422

Some brief comments are also in order concerning otheraspects of the Award :November 16. 2002 Upgrades . I concluded thatwhile APWU represented employees in generalenjoy a wage and benefit premium compared to theirprivate sector counterparts, that is not true of allAPWU-represented employees . Accordingly, theAward provides for one-level upgrades for selectedemployee maintenance, technician, and tractortrailerdriver groups . In recognition of the short-termfinancial pressures on the Postal Service, theseupgrades will not take effect until November 2002 .9 The APWU economist, Dr . Joel Popkin, did not testify toan ECI projection for the third year of the Agreement .to Mittenthal (1991) awarded general wage increases of1 .2%, 1.5%, 1.5%, and 1 .6% over the four years of thecontract, as well as a delayed COLA roll-in and a one-timelump-sum payment . Stark (1995) delayed both COLA anda general wage increase in the first year of the Agreement,awarding a lump sum instead . COLA was awarded for allfollowing years, plus general wage increases of 1 .2% inthe second and fourth year, and a lump sum payment inlieu of a general wage increase in year three . Clarke (1995)and Vaughn (1996) followed the Stark pattern .11 While the general wage increase plus COLA in the 1998Agreement equaled the ECI increase during the term of thatAgreement, the Postal Service introduced evidence that itsestimate, at the time of entering into the 1998 Agreement, wasthat it would lead to increases of the same magnitude as thoseawarded here - approximately 1 % per year below ECI.According to the Postal Service, its 1998 estimates turned out tobe inaccurate because inflation increased more than it hadanticipated, leading to unexpectedly large COLA payments .423

March 23 . 2002 Upgrades . These upgrades were notbased on a conclusion that Mail Processors andSenior Mail Processors are entitled to a one pay levelupgrade, a matter on which the parties are sharplydivided, and on which I express no opinion . Rather,it was my judgment that the dispute concerning theappropriate pay level for these employees, which hasdivided the parties for approximately 20 years, andwhich is the subject of thousands of pendinggrievances, should be terminated . While thefinancial cost of these upgrades to the Postal Servicewill be considerable, this cost is amply justified bythe savings in litigation costs, the removal of abarrier to good relationships across the PostalService, and the freedom that the Postal Service willhave to assign Mail Processors and Senior MailProcessors to perform all the duties that fall withintheir job description, as well as such other duties asare permitted by the National Agreement, withoutconcern for whether those assignments will becomethe subject of yet another grievance .Non-REC Transitional Employees . The 1991Mittenthal Panel created the Transitional Employeecategory to enable the Postal Service to fill vacanciescreated by the transition from a mechanized sortationand distribution system to an automated system . Thereason for the Transitional Employee categoryhaving largely disappeared with the Postal Service'svirtual total transition to an automated system, it isappropriate that the Transitional Employee categoryshould also disappear . However, in recognition ofthe substantial financial advantages accruing to thePostal Service from the employment of TransitionalEmployees, the Postal Service is allowed untilDecember 31, 2005, to phase out all Non-RECTransitional Employees . During the phase-out424

period a fixed number of Non-REC TransitionalEmployees will be allowed. (Those TransitionalEmployees who are employed in Remote EncodingCenters are governed by a separate Memorandum ofUnderstanding between the parties . Their continuedemployment was not at issue in these proceedings.)Employee Health Benefits Contribution Amount .The 1993 Valtin Panel ordered the Postal Servicecontribution to the cost of employee health benefitsplans reduced on a gradual basis from 90% toapproximately 85% in 1997 . The Postal Servicesought in this proceeding to reduce its contributionan additional 1 % per year for plan years 2003, 2004,and 2005 . Whatever the financial or comparabilityjustifications for the Postal Service's proposal,matters on which I express no opinion, this is not thetime to require Postal Service employees to pay morefor health care benefits .Layoff Protection . In these uncertain economictimes, I concluded that it was appropriate to provideall members of the bargaining unit who were on therolls as of the beginning date of the 2000 Agreementwith the assurance that they cannot be laid off duringthe term of that Agreement . While it is difficult tocost out the value of this assurance, in light of thecompetition that the Postal Service faces from lowwage private sector sortation and distribution firms,the certainty that such competition cannot lead tolayoffs among employees represented by APWU is anot inconsiderable benefit to those employees .Entered : January 11, 2002Stephen B. GoldbergNeutral Arbitrator425

INDEXA Article Sec . Page(s)AbolishmentBid Restrictions Lifted--Qualification Failure ----------------- 37 3F7b 186Defined--C1erkCraft --------------------------- 37 1F 159--Motor Vehicle Craft ----------------- 39 1C8 229Accident --------------------------------- 14 2 80Injury on the Job--Health Services ---- 14 3C 83Injury on theJob--Compensation ------ 21 4Investigation, Safety andHealthCommittee 14 8A 85Investigation Board--Serious orFatalAccidents 14 8C 88RepartForm1769 14 2 81Vehicle Accidents, Effect onGovernment Driver's License 29 40Vehicle Accidents, Suspension andReinstatement ofDrivingtPrivilegesLicense, Memo 320Acting Supervisors --See Detail ToAdministrative Support ManualPart 250Tort Claims 27 137Part53526 Subcontracting CleaningServices, Memo 326Advance NoticeDisciplinary --------------------------- 16 4-7 109Dues Withholding Revocation 17 7 121Employ erDemandforMoney(Shortages, property damages, etc) . . . . . 28 137

Advance Notice (cont)Excessing 12 4,5 52Handbook, Manual and RegulationChanges 19 124Holiday Schedule 11 6 49Involuntary Reassignments 12 4,5 52Layoffs 6 B 12LockerInspections 17 9 123--Motor Vehicle ----------------------- 39 3C 239New Mechanization 4 1 7New Positions 1 5 3Probationary SchemeFailure 12 1 50Reassignments, Involuntary 12 4,5 52Subcontracting 32 1 146Termination ofAgreement 43 2 257Work andTime Standards -------------- 34 CD 152Alcohol andDrug RecoveryProgramsEAP, Continuation of 35 1 155EAP, Subject forl-abor-ManagementCommitree Meetings 35 2 155Reasonable Accommodation ofHearingImpaired during EAP, Memo 277Use on the Clock Prohibited ----------- 16 7 113Reinstatement ofDriving PrivilegeEffectofEAPParticipation 320All RegularProgram (80% ),Date ofActivation 7 3A 22Annual Leave 10 43Choice Vacation 10 3 43Credit Union Work - 36 1 157Jury Duty 10 3F 44Minimum Charge 10 6 46Negotiation of Local VacationPlanning ------------------------------- 30 B4-20 142No Forfeiture 10 3B 43On Union Business 24 2 130

Vacation Planning 10 4 45With LWOP 10 6 46Annual Salary --SeeBaseAnnual Salaryand Basic Annual SalaryApplicability of Contract to Employeesin Present and Future Facilities 144ApplicationDefined--Clerk -------------------------------- 37 1E 159--Materiel Support -------------------- 41 1D 242--Motor Vehicle ----------------------- 39 1C3 225--Special Delivery --------------------- 40 1I77 228Falsification of EmploymentApplication 12 113 50Promotion Eligibility Register 38 5137,8 213Promotions,Best Qualified 33 2 151--Motor Vehicle ----------------------- 39 1139 227PTFPreference 37 SA8 210Reinstatement/Reemployment--Clerk --------------------------------- 37 2DSa 164--Materiel Support --------------------- 41 2171 247--Maintenance ------------------------- 38 3171 202--Motor Vehicle ----------------------- 39 1BSa 223Arbitration ------------------------------ 15 5 101Administration 15 6 109Arbitrability 15 SA9 10=4Change of Work Schedule SAS 103General Provisions 4A 100Expedited--Regional Level ------------- 5C 107Bench Decisions SC3f 108--Briefs -------------------------------- SC3b 107Issues ReferredTo, Memo 318--Referral to Regular Arbitration ------ SC2 107Scheduling SCI 107-TimeLimit forAward --------------- SC3f 108--Transcripts --------------------------- SC3b 107

-Without Precedent ------------------- 5C4 108Impasse--Local Negotiations----------- 30 C 143--Local Implementation Memo -------- 322Intervention byOtherParties 15 SA9 10=4National Level -------------------------- 5D 108Regular--Regional Level --------------- SB,C 103--Briefs -------------------------------- 5137 10=4--Referral to Step 4 -------------------- SBS 10=4--Scheduling--------------------------- 5B 1-6 103--Separate Panels ---------------------- 5131 103--TimeLimit forAward --------------- 5138 105--Transcripts--------------------------- 5137 10=4Resolving Disputes BetweenPhysicians 13 2132 75SchedulingGeneral 15 5 101Priority--Layoffs----------------------------- 6 F1 17--Mechanization Changes------------ 4 2 7--Safety andHealth ------------------ 14 2 80Time Limits,Effects of 15 4B,C 100Withdrawal, General ------------------- 15 5A4 102Article 7,12 and 13--Cross Craft andOfficeSizeMemo --------------------- 283Artic1e30--LocalImplementationMem o 322ASM--See Administrative Support Manual 326AssignmentBid--See Posting and Bidding UnderEach Craft HeadingCross Craft Assignments 7 2 21Employee Complements 3 22Into More Than OneCraft 2A 21Temporary Changes -------------------- 2B-C 22CrossCraft andOffice SizeMemo ---- 283Higher Level Details ------------------- 25 4 132--Transitional Employees -------------- 262

Assignment (cont)Ill or Injured--See Also Light DutyAssignments 1 5 3Involuntary Assignment to VacantPositions :--C1erkCraft -------------------------- 37 4 188--New Positions to a Craft ----------- 1 5 3PTFPreference 37 5 191Reassignments--SeeReassignmentsSupervisor 204B Details--Clerks -------------------------------- 37 3A8 169--Maintenance ------------------------- 38 7E 172--Materiel Support --------------------- 41 2G3 249--Motor Vehicle ----------------------- 39 2A10 234Voluntary Transfers--See Voluntary TransfersAttendance atUnion ConventionGeneral --------------------------------- 24 2A-C 130Local Negotiations onIssue 30 B8,20 142UseofAnnual Leave 10 3F 44Audit of Stamp Credit ------------------ 28 IE 138Automated Systems Development ----- 14 1 80AutomobileInsurance ------------------ 17 7E 122BBargainingInformation ---------------- 31 145Bargaining Information Memo 345BargainingUnit WorkSubcontracting 32 146Supervisors Prohibited fromPerforming 1 6A, B 4BaseAnnual SalaryPercentagepayIncreaseCalculation . . . . 9 1 29BaseHourly Straight Time RateHoliday Leave Pay Calculation ------- 11 3A 47

Holiday WorkedPayCalculation ----- 11 4 48Night Differential Calculation 8 7A,B 26Night Differential Tables 39Overtime Calculation 8 4A 24Penalty Overtime Calculation 8 4C 24Part-Time Flexible Scheduled RegularRate Calculation 11 7 50Transitional WorkForceAPWU------- 9 8 34Sunday Premium Calculation 8 6 27BasicAnnualSalaryCOLA Roll-in -------------------------- 9 4 32Pay Increases 9 1 29Salary Schedule,Table One 9 35Basic Work W eekChanges and Reposting--Clerk --------------------------------- 37 3A4 168--Maintenance ------------------------ 38 4A4 206--Materiel Support -------------------- 41 3A 251--Motor Vehicle----------------------- 39 2A3 232Information on Notices--Clerk -------------------------------- 37 3E 177--Maintenance ------------------------- 38 4C6 207--Material Support --------------------- 41 3D 254--Motor Vehicle ----------------------- 39 2138 238Local Negotiations 30 B2 141MPLSMBidRest rictionsLifted ------- 37 3135 176Narmal Work Week - 8 1,2 23--See Also Service Week and WorkWeekBench Decision, Expedited Arbitration . . 15 5C3f 108Benefit PlansAutomobile Insurance 17 7E 122Dependent Care Task Force Memo ---- 359Continuation During Layoff 6 E2 17Continuation During Union LWOP . . . . . . 24 1 130HealthBenefits 21 1 127

Health Benefits Brochures 21 5 129Homeowners Insurance 17 7E 122Injury Compensation 21 4 128Life Insurance 21 2 128Retirement 21 3 128Tenant Liability Insurance 17 7E 122Best QuaflfledPositionsApplication--SeeApplicationBidding To Vacancies--Best Qualified ----------------------- 37 3A7 171--Senior Qualified --------------------- 37 3A11 175CraftPromotions 33 2 203Seniority Upon ReturnFrom Best Qualified 12 2 51--Maintenance------------------------- 38 3G 203--Motor Vehicle ----------------------- 39 1132 222--Special Delivery --------------------- 40 1173 241BidsBidding Limitations 12 3A 52Bids with Computer Skills,Memo ----- 334Special Rules on Excessing andReassignment 12 4,5 52See Also--Definitions Under Each CraftHeading--InterLevel BiddingSee Also (cont)--Posting and B idding Under EachCraft HeadingBrush-upTrainin g ------------------B undle Sorting Machine, Brush-upMemo RD 352Defined 37 IM 160Examination Not Required, Brush-upMemo IIG 353Flat Sorting Machine, Brush-up Memo . IID 352

LSM--Non Scheme, Brush-up Memo . . . 1113 350ISM--Scheme Application, Brush-upmemo IIC 351Manual Scheme,Brush-upMemo ----- HA 350Memory Items, Brush-up Memo ------- HE 352MPLSMBidding Restrictions 3B 173MPISM Keyboard Training, Brush-upmemo III 353Multiple Schemes,Brush-upMemo . . . . . IV 354OntheClock Training,Brush-upMemo IIG 353OtherNon SchemeTraining, Brush-upmemo IIG 353Parcel Sorting Machine, Brush-upmemo IID 352Scheme Changes, Brush-up Memo ---- IIF 353BulletinBoards ------------------------- 22 129See Also Posting and Bidding UnderEach Craft HeadingBumpingProhibited 12 5133 55Right toWorkAssignment 37 3F10 188CCall-InPay ------------------------------ 8 8 28Full-TimeEmployee ------------------- 8B 28Non-Scheduled Day -------------------- 8B 28Carryover, Annual Leave, Memo ------ 298CasualEmployeesChristmas Employment 7 1134 20Excessing--Casuals to be Separated . . . . . 12 4D 54Exclusion from Agreement 1 2 2Holiday Scheduling 11 6B 51Layoffs--CasualstobeSeparated------ 6 B4 13Number of Casuals 7 1133 19Casual Employees (cont)

PTFS Utilization before WorkingCasuals 7 1132Reassignments--Casuals to beSeparated 12 4DSupplemental Work Force Not To BeUsed in Lieu of Career Employees . . . . . . 7 1B 1Casual Employees (cont)Terms of Appointment 7 1134Checkoff -------------------------------° 17 7Checks, Responsibility for Cashing ----- 28See Also Employer ClaimsChoice Vacation Period ---------------- 10 3A-FLocal Negotiations Over VacationIssues---------------------------------- 30 B4-12,20Christmas WorkandPay -------------- 11 4BCivil Rights ------------------------------ 2Claims--See Employee Claims andEmployerClaimsCleaning Services,ASM,MaintenanceCraft, Memorandum of UnderstandingClerk Craft 37Anti-FatigueMeasures -----------------Computerized Forwarding System ----- 9Listing of Key and Standard Positions . . 10PTFPreference 5Scheme Committee 8See Also SchemesSupervisory Detail, 204bTelephonePolicy 17 8See Also--Local Implementation(Subjects forNegotiation--Clerk)Clerk CraftDefinitions ----------------------------- 37--Abolishment ---------------------------Application ---------------------------Bid ----------------------------------1D7A, B3A81 A-M1FlE1D1954192012113843142455326196197197191197172123158159159159

--Brush-up Training ------------------- 1M 159--Conversion --------------------------- 1J 159--Craft Group -------------------------- IA 158--Currently Qualified----------------- 1K 160--Duty Assignment -------------------- 113 158--Live Record-------------------------- 1L 160--MultiCraftPosition ----------------- 3A4e 170--Preferred Duty Assignment --------- 1C 159--Reporting ---------------------------- 111 159--Residual Vacancy ------------------- lI 159--Reversion ---------------------------- 1 G 159Clerk CraftMail Sorting Machines --------------- 37 6 195EDIT 341Letter Sorting Machines 341--BiddingRestrictions (Lock-in) ----- 341--Designation ------------------------- 341--Individual Performance Record . . . . . . 341--Rotation ---------------------------- 341New Mail Sorting Machines 341Parcel Post Sorting Machines -------- 6A 195--IndividualPerformance Record . . . . . 6A2 196--Rotation --------------------------- A1 195--SIAT ------------------------------- 6A2 196Clerk CraftPosting andBidding ------------------ 37 3A-F 166Best Qualified Vacancies 3A7 171--See Also Best Qualified PositionsBidding Provisions--Letter SortingMachines 3B 341Information on Notices 3E 177Installation--Wide Posting ----------- 3C2 176Inter Level Bidding 3A10 173InterLevelBidding--EntranceExamination 337Length ofPosting 3D 177

Live Bidder, Subsequent Bids 3178 186New and Vacant Full-Time Positions . 3A 166--Changes in Basic Work Week------ 3A4a 168--Change in Duties ------------------- 3A4b 168--ChangeinStarting Time ----------- 3A4c 168New and Vacant Part-Time RegularPositions 3Alb 168Non Bargaining Unit (204B)Details 3A8 172Place of Posting 3C 176Principal Assignment Area 3A4b 168Principal Assignment Area E5 177PTF Preference 5 191Relief and Pool 3F9 187Reversion 3A1, 2 166Results of Posting 3F 178Senior Qualified Positions 3A11 175Schedule 3E4 177Schemes 3E3 177Skill Demonstration 3175 184Stamp Stock Tolerances, Memo ------ 320Training--Brush-up, Memo ------------------- 349--Computer Skills -------------------- 334--ProductiveDistribution,Memo ---- 336--Retail Training Task Force, MOU 344Typing 3175 184Unassigned Regular--See UnassignedRegularsUpgraded Positions 3A9 173Clerk CraftSeniority ------------------------------- 37 2A-D 160Application 2D 161--Best Qualified----------------------- 3A7 171--Conversion--PTFPreference -------- 5A-C 191--Corrections -------------------------- 2A2 161

--Lists --------------------------------- 2C 161--Military Service --------------------- 2DSb 165--Mutual Exchanges ------------------ 2137 166--New Period of Seniority ------------ 2136 166--Part-Time Regular ------------------ 2131 161--PTFPreference--Conversion -------- 5A-C 191--Reassignment ofPTFEmployeesto Clerk Craft 2132 162--Reemployment ---------------------- 2D5,6 169--Relative Standing of Full-TimeEmployees 2131 161--Relative Standing of Part-TimeFlexible Employees ---------------- 2D3a-d 163--Resignation ------------------------- 2DSa 164--Retained, Regained or Restored ---- 2DSa-c 164--Retirement -------------------------- 2DSa 164--Seniority Lost ----------------------- 2136 166--Seniority Modified ------------------ 2137 166--Tie Breaker -------------------------- 2134 163--Transfers ---------------------------- 2D3d 163--Transfers -MutualExchange ------ 2137 166Coverage 2B 161Introduction 2A 160Part-TimeRegular Employees -------- 2D 161Responsibility 2C 161Unencumbered Employees ------------ 4 188Assignment 4C 188Change of Schedule 4B 188Coverage 4A 188Higher Level 4C1 188Lowerl-evel ---------------------------- 4C2 190Machine Register 4C3 190COLA --SeeCost-of-Living AdjustmentsCollectionProcedures, EmployerClaims 28 4A, B 139Combining WorkofDifferentCrafts . . 7 2A 21CombiningWorkofSameCraft ------ 7 2A1 21

CommitteesDispute Resolution 315Human Rights 2 2 5Joint Labor-Management(Area) ----- 17 SA 118Joint Labor-Management (Local) ---- 17 SA 118Joint Labor-Management(LocalParking) - 20 3 126Joint Labor-Management (National) . . . . . 17 5B-D 119Joint Labor-Management,Technological orMachanizationChange 427Labor-Management ------------------- 17 5A-B 118National Joint Labor-ManagementUniformControl 26 1 133National Study on Parking - 20 1 126Safe Driver 29 140Scheme 37 8 197Safety 14 3 83Training, Memo 330ComparativeWorkHourReport ----- 12 4C 53Compensation Injury (OWCP) -------- 21 4 128Competitive Register ------------------- 37 2133 162ComputerAptitudeTests -------------- 334Computer Tapes, Union Information . . . . 31 2 145--Memo -------------------------------- 325ComputerizedForwardingSystem . . . . . . 37 9 197See Also Inter Level BiddingConsecutive Overtime Days--Full-TimeRegularEmployees 8 SF 26Consolidated InstallationsLocal Negotiations 30 E 144Reassignments 12 SC2,3,6 59Consumer Price IndexChange in Farmby BLS 9 4F 33Defined 9 4A1 32Used to Calculate Cost-of-LivingAdjustment 9 4B,C 32

Contracting--See SubcontractingConventions,Union --------------------- 24 2A-C 130Conventions, Union 30 B8,20 142ConversionPart-TimeFlexibletoFull-Time ------- 7 3C 22See Also Seniority Under EachCraft HeadingCorrective Training, MPISM 37 6A3b 194Cost-of-LivingAdjustments ----------- 9 4A 32EffectiveDates 4B 32Formula 4C 33Index Used 4A1 32When Used 4D 33Councils, Field Federal Safety &Health --------------------------------° 14 9 90CourtLeave, PTFS Memo 299CoveredEmployees, Agreement ------ 1 4 3Craft Articles --SeeIndividualCraftsinthis Index for More DetailClerk - 37 158Maintenance 38 198Materiel Support 41 242Motor Vehicle 39 221Craft Assignment, New Positions ----- 1 5 3Craft Group, Defined--Clerk ----------------------------------- 37 IA 158--Motor Vehicle ------------------------- 39 1C2 228Craft Lines, Crossing ------------------- 7 2A-C 21Cross CraftMemo 283See Also Seniority Under Each CraftHeadingCraftPromotions ----------------------- 33 151See Also--Posting and Bidding UnderEach Craft HeadingCredit Union orBank Deductions ----- 17 7E 122Credit Unions and Travel -------------- 36

Annual Leave for Duties 1 157Mileage Allowance 2 157Travel Authority 2 152Cross Craft Assignment of Employees . 7 2A-C 21Cross Craft Memo 283Cross Craft Reassignment Memo ------ 304See Also Seniority UnderEach CraftHeadingCrossing CraftLinesRules ------------ 7 2A-C 21See Also Seniority UnderEach CraftHeadingCurrently Qualified--Defined ------------------------------- 37 1K 160--PTFPreference ----------------------- 37 SA6 192--PTFPreferenceMemo ---------------- 309DDamage toUSPSProperty &Vehicles 28 3 139Debt CollectionAct --------------------- 28 4A-B 139Deferment Period for TrainingLength of Deferment--Machine ----------------------------- 37 3F4 181--Multiple Skills ---------------------- 3F"7 185--Other Training ---------------------- 3F"7 185--Scheme ------------------------------ 3F3 179List ofPositions with Deferments ------ 3F"7 185Productive Distribution,Memo -------- 336Sequence of Training, Brush-Upmemo IV 354Subsequent Bid,Effect of 37 3F8a 186Withdrawal, Effect of ------------------ 3FIc 178Withdrawal,Effect of 3F3b 180Withdrawal,Effect of 3F4b 182Withdrawal,Effect of 3F"7 185Withdrawal,Effect of 3F8b 187

DemotionExcessingandReassignments 12Involuntary Downgrading--Clerk ------ 37Mechanization andTechnology -------- 4Rate Protection, General 9Dependent Care TaskForce,Memo . . . .DetailToCentral Installation (Excessing andReassignment) 12CoverTrainingDeferment 37CoverTraining Deferment -------------Higher Level Craft 25Higherl.evel--Pay ---------------------- 25LowerLevel--Pay ---------------------- 25MotorVehicleDetails 39-Temporary Holddowns ------------- 39Supervisor 204B Positions--Clerk --------------------------------- 37--Maintenance ------------------------- 38--Materiel Support --------------------- 41--Motor Vehicle ----------------------- 39DirectionalFans ------------------------ 39DisabilityHandicapped DiscriminationProhibited 2Deaf and Hard of Hearing Memo ------Injury Compensation 21 4Layoffs,special provisions 6 A3Light Duty Requests andReassignments 13 2Rehabilitation Act 2 1Retirement 21 3Seniority Provisions, Special4C 534C2 1763 77 343595137 563F3c 1783F4c 1824 132312 1313E 2391J 2313A8 1727E 2192G3 2492A9 2233G 2401527712811725128--Clerk --------------------------------- 37 2D5 164--Maintenance ------------------------- 38 3171 202--Materiel Support ---------------------- 41 2F 246

--Motor Vehicle ------------------------ 39 1135 223Disagreement, Medical ConditionInitial Light Duty Request -------------- 13 2132 73Periodic Light Duty Request 13 4G 76Discharge -------------------------------- 16 5 111Discipline Procedure ------------------- 16Alcohol Use on the Clock Prohibited . . . 7 113Basic Principle 1 108Discharge 16 5 109Discussion,Private (NotDiscipline) . . . . . 2 110Drug UseontheClock Prohibited ----- 7 113Emergency Procedure 7 113Indefinite Suspension 6 112LetterofWarning 3 110Records 10 114Review of Discipline 8 113Suspension of 14 Days orLess 4 111Suspension of More Than 14 Days orDischarge 5 111TransitionalEmployeesSee Appendix A 261Veterans' Preference ------------------- 9A-B 113Discipline Records ---------------------- 16 10 114Discrimination -------------------------- 2 5Deaf and Hard of Hearing, MemorandumOfUnderstanding 277DiscussionofMinorOffenses ---------- 16 2 110DiscussionRecords --------------------- 16 2 110Distribution --SeeSchemesDriving License ------------------------- 29 140Initial Issuance 140Off-Duty Driving Record ------------- 140On-Duty Driving Record --------------- 140Reinstatement of,Memorandum ------- 326State Driver's License 140Drug Recovery Programs -------------- 35 155

Dues Checkoff ------------------------- 17 A-D 121Indemnification 17 7D 122DurationClause ------------------------ 43 2 257DutyAssignmentChanges To--SeePostingandBidding UnderEach Craft HeadingDutyAssignmentDefinition--See Definition UnderEachCraft HeadingInformation on Posting--See Postingand Bidding Under Each CraftHeadingEEDIT Operator Test -------------------- 341EffectiveDatesofAgreement---------- 43 2 267Eight Hours --Normal Work Day ------- 8 1 23WithinNine 1 23WithinTen 1 23EI,M--See Employee and Labor RelationsManualEmergencyAnnual Leave Commitments ----------- 10 4D 45Defined 3F 44Discipline Procedures 16 7 113Supervisor Performance of BargainingUnitWark - 1 6A 4EmployeeandLaborRelationsManualHealth Insurance 6 E2 17Life Insurance 6 E2 17Mutual Exchanges 39 1B12 228Part 420 Transfers--Placement in PayGrade and Step 327Part435Layoffs,SeverancePay------- 6 B4, E1 13Part 510 Leave 10 2 43

Part 516PTFCourt Leave 299Employee Assistance Program --------- 35 155Employee Clairus ----------------------- 27 136Denial Letter 136Motor Vehicle and Contents 136Tort Claims 136Employee Classifications --------------- 7 18See Also :--Casuals--Full-Time Employees--Part-Time Fixed Schedule--Employees--Part-Time Flexible Employees-Transitional Work ForceEmployee ComplementsSee--Work Years or Number ofEmployeesEmployee Discipline Records ---------- 16 10 114Employees Hiring andAssignmentFull Time 7 lAl 18Part Time 7 1A2 18Employees--IncludedinAgreement . . . . 1 4 3Employees--ExcludedinAgreement . . . . 1 2 2Employees--On Leave With Regard toUnionBusiness ------------------------ 24 1,2 130Employees RequestforReassignmentSee--Ill or Injured--Reassignments--Voluntary TransferEmployerClaims ----------------------- 28 137Bad Checks--General ------------------------------ 1D 138Collection Procedures 4A, B 136Damage to USPS Property andVehicles 3 139Debt Collection Act 4A 139

Incorrect Fees CollectedLoss orDamageoftheMails 28 2 138Shortages in Fixed Credits 1 138Employer RightsDetermineMethods, Means, andPersonnel 3 D 6DirectWarkForce A 6Hire, Promote, Transfer, Assign,Retain,Suspend,Demote,Discharge . . . . B 6Maintain the Efficiency Operation ----- C 6Prescribe theUniform Dress E 6Take Necessary Action inEmergencies F 6Employment--WorkAssignmentsSeeAssignmentEnergy Shortages ----------------------- 42 257EnterPostalInstallations, Rights ofUnion Officials 23 129EquipmentEmployer Provides--MaintenanceTools andEquipment . . . 38 7A 218--Motor Vehicle Tools andEquipment 39 3A 239Protective Equipment, HazardousMateriels 14 8D 89Safety and Health, general 14 2 80Ergonomics ---------------------------° 14 1 80Joint Labor-Management ErgonomicsCommittee 14 3A 82Safety and Ergonomics Committee --- 14 3A 82Funding 14 3A 82Error, Causes--MPLSMEDITS --------------------- 341--SIAT --------------------------------- 37 6a2 195Examination Specialist, SP2-188--Maintenance ------------------------- 38 7D 219--Motor Vehicle ----------------------- 39 111 230

Examinations --See TestsExcessEmployeesIdentification of Excess Employees--Maintenance ------------------------- 38 3K 2(}4--Motor Vehicle ----------------------- 39 1D 229NonMail Processing Surplus 41 2E5 246EmployeesSee Also--Reassignments--Seniority Under Each Craft HeadingExcessingEmployees --See Reassignmen tsExcludedEmployees -------------------- 1 2 2ExistingLocalMemorandaof Understanding -------------------- 30 A 141Expedited Arbitration --SeeArbitrationFFacilityExclusions ---------------------- 1 3 2Falsification ofEmploymentApplication ----------------------------° 12 113 50Federal Creditable Service, Seniority TieB reaker--See Seniority Under EachCraft HeadingForms--SF 95 Tort Claim --------------------- 27 137--Government Driver's License -------- 29 140--Reinstatement off) riving Privilegememo 320--1187 Dues Withholding ------------- 17 7 121--1717 B id Form ------------------------ 37 1D 159-1717AMu1tiBidFarm --------------- 37 1D 159--1723, Notice of Assignment--Clerk . . . 37 3A9 173--Maintenance ------------------------- 38 7E 219--Motor Vehicle ----------------------- 39 2A9 234-1769Accident Report --------------- 14 2 80Fill-Time Employees

Call-In Guarantee ------------------Outside Regular Schedule ------Non-Scheduled Day -----------ComplementsDefinition and UseFlexible Assignments, MemoNormal Work Week --------------Overtime Penalty PayOvertime Work RestrictionsScheduleServiceDayWork Week --------------------------- 8 8---- 8 8A---- 8 8B7 37 lAl8 2C8 4C, D8 4F, G8 28 2B8 2C2828282218283242425232122GGovernment Driving License ------Initial IssuanceOff-Duty Driving Record ----------Reinstatementof,Memorandum ---State Driver's LicenseGrievance Procedure --------------- ---- 15Area Wide Policies, Procedures orGuidelinesDefinitionDiscussions--Not Grievable --------General Procedures--Step 1 ------------------------------Step 2 ------------------------------Step 3 ------------------------------Step 4 ----------------------------Restriction--Discussions NotGrievableSpecial Procedures :--Discrimination (Article 2) File atStep 2--Employee Claims -------------------- 291516---- 16152 step 3 (a)124222214014014032014090941101101009092949716 2 1102 3 52 7 136

--Handbook and Manual Changes FiledatNationalLevel 19 124-Layoff Provisions File atStep 3 ----- 6 Fl 17--Layoff Provisions--PriorityArbitration 6 Fl 17--Local Negotiation Impasses --------- 30 C 143--Local Negotations Impasse Proceduresmemo 322--Mediation --------------------------- 15 3A-F 98--MemorandumAdministrative DisputeResolution 329Grievance/Arbitration Appeals ----- 317Expedited Arbitration 311Step 2(h) Appeals ProcessingPostRemoval Grievances 312Step 4 Procedures 317--Safety and Health Complaint File atStep 2 14 2(c) 80--Safety and Health--PriorityArbitration 14 2 81-Technological or MechanizationChanges 4 2 7Time Limits, Effects of ---------------- 15 413, C 100Timlieness Regarding Steph 2 (h)Appeals Memo 317Union'sRight toInitiate 15 2 91See Also ArbitrationGroupAutomobilePayrollDeductions 17 7E 122Guarantees ------------------------------ 8 8 28Full-TimeEmployee ------------------- 8 28Part-Time Employee ------------------- 8 28Night Shift Differential 7 28Overtime Penalty Pay 4C 24OvertimeWork - 4 24Overtime Work Restrictions 4B 24

Sunday Premium Payment 6 27Transitional Work Force --------------- 8D 28Work Schedules 2 23Guards (Security) Excluded ----------- 1 2 2HHandbooks andManuals -------------- 19 124Arbitration Within 60 Days 125Consistency With Agreement 124Fair, Reasonable, Equitable 124NoticetoUnion 125Transitional Work Force 125HandbooksandManuals, CitedAdministrative Support Manual--Part250Tort Claims Act ------------ 27 136--Part535 . 261 SubcontractingCleaning Services 326Employee and Labor Relations Manual-Health Insurance ---------------------- 6 E2 17--Mutual Exchanges ------------------- 39 11311 222--Postal Service Manual (now ELM) . . . 19 124--Part 420--Transfers, Pay Grade andStep 308--Part435--Layoffs,SeverancePay . . . . . 6 B4, E1 13--Parts 10--Leave ---------------------- 10 2 43--Part 512 73d-Terminal LeavePayment 298--Part 516--PTFCourtLeave ---------- 299F-lO,Travel--Reassignments andMoving Expenses 12 5135 55--Mileage Allowance ------------------ 36 2B 157F-21, Timekeeper's Instructions ------- 19 124--Mileage Allowance ------------------ 36 2B 157--Reassignments and Moving Expenses 12 5135 57Hearing Impaired 277

PO-405 Handbook, Letter SortingMachine Operations--Rotation ---------Postal Operations Manual --------------Postal ServiceManual(nowELM) ---- 19Publication 52,Hazardous Materiels . . . . 14 8DHandicappedDiscrimination --------- 21Reasonable Accommodation of Deaf an dHard of Hearing, MemoRehabilitation Act 2 1Hazardous Materiels ------------------- 14HealthBenefit Brochures 21 5Benefit Contributors 21 1Benefits 21 1Environmental Conditions 14 28DInsurance 21 1Services, Availability 14 3CTransitional Employees, See Appendix AUnit 14 7See Also--AccidentsSee Also--Ill or Inj ured--Injury on Duty--Safety andHealth--VehiclesHearirigImpairedMemo ---------------HigherLevel Assignments ------------- 25Authority For 3Definition -------------------------------IDetails 4Leave Pay 5Long Term Assignment 5MPLSM Lock-in 37 3BPay 25 2Short Term Assignment 25 5367124895277589129127127801278325985277132131132132132176131132

Terminal Leave 5 131Transitional Employees, See Appendix A 292See Also--Best QualifiedHighwayMovementofMail ----------- 32 3 146AverageMVSEmployee Costs -------- 2E1 149Contract Costs 2G 149CostComparisons 2E 149Cost Factors ---------------------------- 2E-h 144Criteria 2H 150Factors to be Considered 2A 147Information to be Furnished------------ 2C-D 148Subcontracting--MemorandumofUnderstanding 326Holidays -------------------------------° 11 49Christmas 4B 48Eligibility 2 47Local Negotiation of Schedule -------- 30 B13 142Non-Work Day ----------------------- 11 5 48Observed 1 47Part-Time Flexible Employees -------- 7 50PayforHoliday Leave 3 47Pay for Holiday Work - 4 48Schedule 6 49Transitional Work Force ScheduleAPWU 11 6D 49Work - 4 48Home Owners/Tenant LiabilityInsurance ----------------------------° 17 7E 122Hourly Rate of Pay--See BaseHourlyStraight-Time RateHours of Duty --SeePosting and Bidding UnderEach Craft HeadingHours of Work -------------------------- 8Exceptions 3 24Guarantees 8 28Night Shift Differential 7 28

Overtime Assignments (Lists)Overtime Penalty Pay ------------------OvertimeWork -------------------------Overtime Work RestrictionsPart-Time Employees ------------------Posting of Job Bids--See IndividualCraft Provisions onPosting andBiddingSunday Premium PaymentTransitionalWork Force 8Work SchedulesWork Week -----------------------------Full-Time Regulars --------------------Part-Time Regulars --------------------HumanFactors ------------------------- 14Human Rights Committee ------------- 254C-E4SF, G3632111122543242642752423232323805IIIIorInjured ---------------------------- 13Authority ofInstallation Head toDetermine Reassignments -------------Eligibility forReassignmentFilling Vacancies due to ReassignmentTo Another CraftGeneralPolicy onReassignments -------LocalImplementationPermanentReassignmentsSeniority ofEmployee Assigned toAnother CraftTemporary ReassignmentsImpasse Arbitration -------------------- 30Impasse,Local Implementation -------ImpasseProcedures,Memo ------------IncumbentChange to Reporting Time--See2C 742131 735 784 753A-C 742B 7362AC7972143322322

Posting and Bidding Under EachCraft HeadingUpgradedPositions--SeePosting andBidding UnderEach Craft HeadingIndefinite Suspension ------------------- 16 6 112Individual Performance RecordMPLSMEDIT -------------------------- 341SIAT 37 6A2 196InformationBargaining Memo 325Computer Tapes 31 2 145Request For 31 2 145Reimbursement ofUSPS 31 3 146Rightto 31 3 146Safety Committee Investigation ------- 14 8 85Steward Investigation 17 3 116Injury on DutyAccident Report Form 1769 ------------ 14 2 80Compensation, Injury 21 4 128Health Services 14 3C 83Investigation--Safety and HealthCommittee 14 8A 85Investigation Board--Serious orFatalAccidents 14 8C 88Reassignment toLightDuty :SeeLightDutySee Also AccidentInspection Service--Excluded From Agreement --------- 1 2 2--Interviews --------------------------- 17 3 116--Interrogation by --------------------- 17 3 116--LaborRelations ---------------------- 313See Also Locker InspectionInspections, Lockers -------------------- 17 9 123InstallationConsolidated

--Local Negotiations------------------- 30 E 144--Reassignments ----------------------- 12 SC2, 3, 6 59Discontinued 12 SCI 57Installation-wide Posting--See PostingandBidding Provisions of EachCraft ArticleNew or Future 14 3Size--See Work Years or Number ofEmployeesUnion Right to Enter 23 129InsuranceAutomobile 17 7E 122Health 21 1 127Homeowners 17 7E 122Life 21 2 128TenantLiability 17 7E 122Inter Level Bidding--Clerk --------------------------------- 37 3A10 173--Maintenance ------------------------- 38 5132 211--Motor Vehicle ----------------------- 39 1C'7 229Interpreters, Deaf and Hard of Hearing,memo 278Interrogation byInspection Service . . . . 17 3 116Inverse Seniority (Overtime Desired List )8 5D 26InvestigationsAccidents and Injuries 14 8A 85Information Requests--Steward------------------------------ 17 3 116--SafetyandHealth ------------------ 14 8A 85--General------------------------------- 31 2,3 144Injuries, Serious andFatal 14 8A 85Inspection Service 17 3 116Polygraphs, Voluntary 17 3 116Safety and Health 14 8A 85Steward Investigations--Grievances --------------------------- 17 3 116

--Safety andHealth -------------------- 14 2--Pay ---------------------------------- 17 4Involuntary Layoff --SeeLayoffsInvoluntary Reassignments ------------ 12 4,5See AlsoJ--Reassignments--Seniority Provisions Under EachCraft Heading8011752JobSecurity ----------------------------- 6Joint Committees --SeeAlso--Committees--LocalJoint Labor-ManagementCommitteesJoint Task Force --See CommitteesJuniority (OvertimeDesiredList) ------ 8 SDJury DutyDuring Choice Vacation 10 317PTFS Court Leave MemoJust Cause Defined 16 1--Transitional Employees, SeeAppendix A92644299109259KKeyorStandard PositionsInformation on Postings --See PostingAnd Bidding Under Each CraftHeadingListings--Clerk--To Union ---------------------- 37 8--Clerk--Senior Qualified -------------- 373A10--Maintenance--Senior Qualified------- 38 5132--Motor Vehicle--Senior Qualified----- 39 2A10L197173211235

Labor-Management CommitteesSee CommitteesSeeLocalJointLabor-ManagementCommitteesLaw CitationsFederal Tort Claims ActClaims for Damage to PrivatelyOwned Vehicles 27National Labor Relations Act §8(d)Unilateral Action 5Information Requests 21Public Laws83-102 Excessive Leave Carryover . . . .91-3751201(2) Security GuardsExcluded from Agreement ----------- IU S Code5 USC Chapter 35--Layoffs ----------- 65 US C Chapter 81--InjuryCompensation 21SUSCChapter83--RetirementBenefits 215 USC 8336 (d)(2)--Layoffs, EarlyRetirement 65 USC8906(b)-HealthBenefits,SUSC8901--Health Benefits--------- 21Limit ofEmployer Contributions ----- 2139USC1205--DuesCheckoff ------- 1738 USC Chapter 43--AbsencesCounted as Work--Layoffs ---------- 6Veteran's Preference Act--Election ofAppeal Forums 16Williams-Steiger Occupation SafetyandHealth Act § 19 14LayoffsArbitration,Priority Scheduling -------- 613693 1462 229894 1282 128B4 13IA 12'71E 1287A 121A3(a) 119 1133D 84F1 17

Casuals, Separate Before Layoffs------ 6 B4 13DisputesGrievanceProcedure,Special Rules . . . . . 6 F 17Health Insurance Coverage DuringLayoff 6 E2 17Intent ofLayoff Protections G 18Lifetime Protection, Achieving--Six Year Rule -----------------------Twenty Pay Period Rule ------------- A3(a) 11--Work Credits Toward Six Years ----- A3 11Order of Layoffs ------------------------ C2 15Overtime,Reduction BeforeLayoffs . . . . B4 13Preconditions farLayoffs B 12Protection Against Layoffs--Lifetime forEmployees HiredBefore September 15,1978 9--Lifetime After Six Years ofContinuous Service 6 9Provisions 9Reassignments,Before Layoffs -------- B 12Recall Rights D 16Regular Work ForceReports to Union FL 18Retirement to Union B4 13Seniority--Units --------------------------------- a 15--Layoff by Inverse Seniority --------- CS 15--Recall by Seniority ------------------ Dl 16--Stewards,Super Seniority ---------- C4 15Severance Pay E 17Stewards, Super Seniority C4 15Leave--Administrative ----------------- 43Leave--Annual and Sick --------------- 10 43AttendanceatUnionConventions ---- 10 3F 4424 2A,B,C 130Choice Vacation Period 10 3 43

During Choice Vacation Period, UnionOfficials 10 3F 442,B,C 130Funding 10 1 43Minimum Charge 10 6 46No Forfeiture--Annual Leave --------- 10 3B 43Pay while on Higher Level Assignment 25 5 132Sick - 10 5 46Sick Leave for Dependent Care, Memo 297Transitional WarkForce, LeavePreference 10 2B 43Vacation Planning 10 5 46With LWOP 10 6 46Leave, PTF Court Leave Memo ------- 299Leave Regulations ---------------------- 10 2 43Leave Without Pay --See LWOPLetter of Warning ---------------------- 16 3 110Life InsuranceProgram ---------------- 21 2 128Lifetime JobSecurity ------------------- 6 (1) 9LifethuejobSecuirity, EmployeesHired 6 (1) 9After Sept 15,1978 6 (2) 9Light Duty Assignments ---------------- 13Establishmentof------------------------ 3A-C 74Filling Vacancies Due to ReassignmentOf an Employee to Another Craft ----- 5 78General Policy 4 75Local Negotiations --------------------- 30 B15-17 139Number 13 3C 75Permanent Reassignment 2B 73Seniority of an Employee Assigned toAnother Craft 13 6A, B 79Temporary Reassignment 2A 72Liruitation,UseofDiscussionRecords . 16 2 110Limitations on Revocation of OF-346 . . 29 140Memorandum of Understanding ------- 320

Literature Racks ------------------------ 22 129Live Bidder, Effect ofSubsequentBid . . 37 3178 186Live RecordBrush-upTraining Memo -------------- 349Defined 37 1K 160MPISM Lock-in 341LocalImplementation ------------------ 30 144Alleged Violations ofLocalAgreements D D 143Arbitration ofImpasses C 140Existing Local Memorandum ofUnderstanding A 141Impasse Procedures, Memorandum . . . . . . 322New Or Consolidated Installations----- E 144Subjects forLocalNegotiation B 141Subjects for Negotiations--Clerk--AssignmentofSuccessfulBidder . . . . . 37 3F2 179--LengthofPosting ------------------- 37 3D 177--Reposting Because of Changes ----- 37 3A4 168--Seniority Listing-------------------- 37 2C 61Subjects forNegotiations--Maintenance--RepostingBecause ofChanges------ 38 4A4,5 206--Seniority Listings ------------------- 38 3D 201Subjects for Negotiations-MVS--AssignmentofSuccessful Bidder . . . . 39 2E2 238--Calendar-Year Repostings ---------- 39 2A7 233--LengthofPosting ------------------- 39 2C 237--RepostingBecause ofChanges ------ 39 2A4 23239 2A3 232--Seniority Listings ------------------- 39 1F 230--Assignment of Successful Bidder . . . . 39 2A7 233--Calendar-YearRepostings ---------- 39 1C 228LocalJointLabor-Management CommitteesAnti-FatigueMeasures ----------------- 37 7 196General 17 5 118Employee Assistance Programs -------- 35 2 155Ergonomics Committee 14 3A 82

Parking - 20 3 126Rotation on Parcel Sorter --------------- 37 6A1 197Rotation on MPLSM 341Safety and Health 14 4,8 84Scheme 37 8 197Local Negotiations, See Local Implemen tationLocker Inspections --------------------- 17 9 123Lock-inMPLSMBidRestrictions 37 3B 176Loss or Damage of the Mails ----------- 28 2 138LWOP--Leave WithoutPayforUnion Conventions 10 3F 44forUnionBusiness 24 2 130in Conjunction with AL or SL 10 6 46MMailEquipmentShop ------------------ 41 242Recognition 1 1 1MailHandlers,Excluded --------------- 1 2 2Mail Handlers, Included, Article7,12 and 13 MOU 283Mail,Lost orStolen -------------------- 28 138Maintenance Craft --------------------- 38Definitions ------------------------------ 2 198Arbitrary 2H 200Craft 2A 198Duty Assignment 2C 199Installation 2B 198Maintenance Craft 2A 198Occupational Group 2G 200Preferred Duty Assignment 2D 199Seniority for Preferred Assignment . . . . . 2F 199Service Seniority 2E 199Introduction ---------------------------- 1 198Craft Positions, Jurisdiction 1 198

Posting andBidding ------------------- 4A, B 206Change in Basic Work Week - 4A4 206Change in Duties 4A5 206Change in Starting Time 4A4 206Duty Assignment Not Posted 4A2 206Maintenance CraftFilling Vacant or Newly EstablishedDuty Assignments 4A1 205Information on Notice 4C 207LengthofPosting 4A1 205Newly Established Positions ----------- 4AI 205Place of Posting 4B 207Position Reverted 4A3 206Successful Bidder SCI 217Supervisor Details (204b) 7E 219Upgraded Positions -------------------- 5134 212Maintenance CraftSelectionMethods --------------------- 5A-D 207Entry into Craft SA9 210Filling Vacant Assignments SBS 212Incumbency SB4a, b 212Lateral Transfers 5133 212New or Amended PreferredAssignment Selection Form ---------- SA6a-e 209Newly Established Positions ----------- 5A3,4 208Part-Time Regular --------------------- SA7 209Positions Filled by Senior Qualified . . . . SB2a j 211Preferred Assignment ------------------ SAl-11 207Preferred Assignment SelectionRegisters, Establishment of 5A1 207Promotion ------------------------------ 5B-D 210Promotion Eligibility Registers,Establishment of ---------------------- 5B-D 210Promotion Eligibility Registers,Updating of SD 216Residual Vacancy SA10 210

Successful Applicants SC 215Unassigned Full-Time and Part-TimeFixed Schedule Employees SA8 210Upgraded Positions 5134 212Maintenance CraftSeniority -------------------------------- 3 200Coverage 3B 201ExcessEmployees 3K 204Granted by Law 3H 203Introduction 3A 200Lists 3D 201Posted 3D 201Updated 3D 201Loss of 3E1, 2 201Military Service 3H 203Modified 31 204New Period of 3E 201Preferred Duty Assignments 2F 199Reduction/Preferred Assignments ----- 3G 203Responsibility for Administration ------ 3C 201Restoration of, for Preferred Assignments 3F1-6 202Restoration Service Seniority ---------- 3F1-6 202Service Seniority 2E 199Tie Breakers 3J 204Special Provisions ----------------------- 7 218BiddablePositions 7D 219Cleaning Service Subcontracting Memo 346Overtime Desired List 7B 218Relief Assignments 7C 218Supervisory Details (204b) 7E 219Tools 7A 218Work Clothes Program-CustodialMaintenance 26 3 135Maintenance CraftTrainingAdvance Notice, Off-Site ------------- 38 6A5 217

Assignment RequirementsBillet Allocations, Furnished to UnionInvoluntary Selections 38Job Related, Level 8-10, Volunteers . . .Opportunities, Levels 1-7 -------------Placement DurationPlacement in Duty AssignmentUponCompletion ofPosting of VolunteersMajorMetropolitan Areas--Reassignments -----------------------Man YearsSee--Work Years or Number ofEmployeesManagement Rights -------------------- 3ManagerialPersonnelExcluded------- 1Manuals andHandbooks -------------- 19See Handbooks and ManualMaterielDistributionCenters --------- 41--Recognition -------------------------- 1DeSnitions ------------------------------- 41--Abolishment ---------------------------Application -----------------------------Bid -------------------------------------Conversion -----------------------------Duty Assignment ----------------------Preferred Duty Assignment ------------Residual Vacancy ----------------------Reversion ----------------------------Seniority -----------------------------------Application -----------------------------Bidding---------------------------------Non-BiddingUnitPosition ------------Coverage -------------------------------Disability Separation -------------------Introduction --------------------------6A6 2186A6 2186A3 2176A1 2166A1 2166A5 2176A5 2176A2 21712 4B 532111E 11D1C1HIA1B1G1F22D2Glb2G32B2F12A621242421242242252252253242242243243243244248249243247243

--Modified ----------------------------- 2F 247--PTFEmployees ---------------------- 2D3 245--Tie Breakers-------------------------- 2D2 255--Responsibility ------------------------ 2C 244--ReturnWithin 90Days -------------- 2F 246--Veteran Employees ------------------ 2H 250Posting, Principles of ------------------- 3 251Information orNotice ------------------ 3D 254Length ofPosting 3C 254Vacant Duty Assignments 3A 251Place of Posting 3B 253Successful Bidder 3E 254Definition of Section 3F 256General Provisions --------------------- 4 256Anti Fatigue Measures 4B 257Tools 4A 256Maximization--Full-1SmeEmployees . . 7 3B, C 22Maa-imization--Part-TirueFYxedSchedule --------------------------------- 7 3B,C 22Mechanization -------------------------- 4 1 7Mediation -----------------------------° 15 3A-F 98Medical ConditionIII or Injured Employees ---------------- 13 2B 734G 76MPLSMLock-in,Release From ------- 340See Also--Accidents-HealthMedical Condition--Ill or Inj ured--Inj ury on Duty--Safety andHealthMembership Solicitation --------------- 31 1 145Memorandums ofUnderstanding (cont.)Administrative Dispute Procedures ---- 315Annual Leave Carryover 298

Air Conditioning in 9 Ton Vehicles,Tractors, and Spotters 355Article7, 12 and 13--Cross Craft andOffice Size 283Article 7.3 282Article 8 285Article 8 Q & A 287Article 12.5 .C .5 .b .(6) ------------------- 303Article 30(LocalImplementation) ----- 322Bargaining Information 325Bids with Required ComputerStalls . . . . 334Bidding Provisions -LSM ------------- 339Brush-up Training ---------------------- 349Cleaning Services, Subcontracting ----- 326Committee on Training 330Computerized Forward System -------- 345Court Leave, PTFS 299Cross Craft Assignment of Employees . 30=4Deaf and Hard of Hearing 277Dependent Care 359Discipline Task Force 318Distribution, Productive 336Driving PrivilageReinstatement ------- 320Expedited Arbitration 311Function Four Flexibility 347Granting StepIncreases 296Grievance/ Arbitration Appeals -------- 317Hearing Impaired 277Headquarters Threat Assessment Team/Workplace Environment Improvement . 310Highway Contracts 327Implementation Articles 15 &16 ------ 318Information, Bargaining 325Inspection Service, Role in LaborRelations Matters 313Interlevel Bidding 337

Interest onBack Pay 313Joint Contract Interpretation Manual . . . 314LayoffProtection 281Leave, Annual Carryover 298Leave, Exchange Option 296Leave, PTF Court 299Leave Policy 300Leave Sharing 302Local Implementation 322LSM Bidding Provisions 339MOU' s and LOI's 276Mail Equipment Shops Operations ----- 357Management Meeting on MaintenanceWorkAssignments 348Maximization/Full-time Flexible-APWU 283Maximization, Conversion 284Modified Work Week - 289Number of Employees or Man Years . . . 283Operation of Powered IndustrialEquipment 355Opportunities for the Deaf andHard of Hearing 277Overtime 285--Mail Equipment Shops -------------- 358Overtime, Q&A 287Paid Leave and LWOP 301Privately Owned Vehicles, Use of ----- 331Processing Post-Removal Grievances . . . 312ProductiveDistribution 336PTF Court Leave 299PTFPreference 333PTFReassignment Opportunity -------- 309Reasonable Accommodation, Deaf ---- 277Reassignments/Transfers, Voluntary . . . . 305Reinstatementof Driving Privilage . . . . . 320Relief andPool Memo,Reference To . . . 37 3F9 187

Retail Training Task Force 343Retail Operations WithinInstallation 344Schemes, Brush-up Time --------------- 349Schemes, Productive Distribution ------ 336Sick Leave forDependent Care -------- 297Step 4 Procedures 316Stamp Stock Tolerances 320Subcontracting, Cleaning Services ----- 326Subcontracting, Mail Equipment Shops 329TimlinessRegarding Step 2(h)Appeals 317Training Committee 330Training,MES 357Training, Schemes, Brush up 349Transfers 305Transitional Employee Annual LeaveProvisions 264Transitional Employees -CareerOpportunities 274Transitional Employee Memoranda . . . . . 259UseofPrivately Owned Vehicle ------- 331Vehicle, Use of Privately Owned ------ 331Videos, Captioned farHearing Impaired 277Work Clothes Program -MES --------- 356Merit Systems ProtectionBoard ------ 16 5,9 113MileageRate ---------------------------- 36 2 157Military Service, Seniority Credit--SeeSeniority Provisions UnderEach CraftHeadingMinimum ChargeforLeave ----------- 10 6 46MinorOffenses ------------------------- 16 2 110Motor Vehicle Craft -------------------- 39DefinitionsAbolishment 39 1C8 229Application 1C3 228

Bid 1C4 228Craft Group 1C2 228Duty Assignment 1C5 229Eligible Bidder 1C'7 229Preferred Duty Assignment 1C6 229Position Designation 1C1 228Motor Vehicle CraftPosting andBidding------------------- 2 232Information on Notices 2D 237LengthofPosting 2C 237Multi Craft Positions ------------------ 111 230Place of Posting 2B 236Vacant Assignments 2A 232--ChangeinBasic Work Week ------- 2A2 259--ChangeinStarting Time ------------ 2A4 232--Change in Duties -------------------- 2A3 232--Optional Posting (VehicleMaintenance) 2A7 233--Optional Posting (VehicleOperations) 2A6 233--Reversion of Assignment ----------- 2A1 232--VacantorNewPositions ------------ 2A1 232Successful Bidder 2E 238Temporary Holddowns 1J 231Temporary Details 2A10 234Tractor-Trailer Operators ------------ 1137 226Motor Vehicle CraftSeniority ------------------------------° 1 221Automotive Mechanics 225Automotive Technicians 228Excess Employees 1D 229Introduction lAl 221ListtobePosted 1F 230Modified B12 228Multi -Craft Positions ------------------ 111 230Mutual Exchanges 1B 12 228

Past Practices 1A2 221Preferred Assignments 113 222Vehicle & Tractor TrailerOperators 1137 226ReemploymentAfter Disability ------ 1135 223Residual Vacancies 2A10 234Responsibility 1E 230Return in 90 Days --------------------- 1135c 224Temporary Holddowns 1J 231Tie Breaker Procedures --------------- 1134 222Transfer from Other Installations ---- 1G 230Vacation Scheduling 1I 231Motor Vehicle CraftSpecial Provisions ---------------------- 3 234Craft Position Jurisdiction 3D 239Details, How Filled 3E 239Directional Fans inVehicles 3G 240LockerInspections 3C 239Night Shift Differential--On-lbe-ClockTraining 3F 240New Facilities 1G 230New Vehicles 3B 239Temperature 3G 240Temporary Holddowns 1J 231Tools 3A 239Tractor-TrailerOperations ------------ 31 240Training 3G 240Transfers 1G 230Work Clothes Program 26 3 135MPLSM-See Memo --------------------- 339MachinesMufti-Craft Positions--Clerk --------------------------------- 37 3A6 171--Maintenance -------------------------- 38 7D 219--Motor Vehicle ------------------------ 39 111 230Mutual Exchanges --Transfers

--Clerk ---------------------------------- 37 2137 166--Maintenance -------------------------- 38 31 2(k4--Motor Vehicles ----------------------- 39 1B 12 228NNationalAgreementDuration of 43 2 157Reopening 43 2 257Separability 43 1 257NationalJointLabor-ManagementUniformControl Committee -------------------- 26 1 134National Level Arbitration ------------- 15 4D 101NationalPostalMailNetwork --Reassignments 12 4B 53National Study onParking ------------- 20 1 126NewEmployees Orientation ----------- 17 6 121New Jobs --Createdby Technological orMechanization Changes 4 3 8NewPeriodofSeniority ---------------- 12 2B 51Also See Seniority Provisions UnderEach Craft HeadingNew Positions, Assignment toCraft --- 1 5 3Night Shift Differential ----------------- 8 7A,B 28--Motor Vehicle Training-------------- 39 3F 240--Transitional Work Force -------------See Appendix ANoForfeiture--AnnualLeave ---------- 10 3B 43NoLayoff Provisions ------------------- 6 9See LayoffsNon-Bargaining DetailsClerk Craft - 37 3A8 172Non-Discrimination --------------------- 2 1 5Non-Scheduled Day, Call-In ------------ 8 8B 28NormalWorkWeek -------------------- 8 2C 24Also See Basic Work Week and

Service WeekNotice ofTechnological Changes ------ 4 1 7No Strike Clause ------------------------ 18 14 123NumberofEmployeesSee--Work Years or Number ofEmployeesOOccupational GroupDefined, Maintenance 38 2G 103OfficeSizeSee--Work Years or Number ofEmployeesOJ T--On theJobTrainingBrush-upTraining Memo -------------- IIG 353Computer Skills Memo 334Safety andHealth,Hazard Training . . . . . 14 8D 89OPM, Office ofPersonnelManagement,Bureau of Retirement--See Seniority(Reinstatement) UnderEach CraftHeadingOpportunities for Deaf and Hard ofHearing,Memo ------------------------ 277Opportunities for Transitional Employees 274OrientationofNewEmployees -------- 17 6 121OSHA ---------------------------------° 14 3 82OutsideofSchedulePremium --------- 8 4B 24--204B Exclusion ---------------------- 37 3A8 172Overtime ---------------------------Assignments 5 25DesiredList(Maintenance) 38 7B 219Outside ofSchedulePremium 8 4B 24--240B Exclusion --------------------- 37 3A8 17238 7E 21939 2A9 234

41 21Penalty Pay ----------------------------- 8 4C-ERateRestrictions -----------------------------4A5F, GTransitional Work Force --------------- 8 4GWhen Paid ------------------------------ 8 4B-EWork - ----------------------------------- 4OWCPCompensation ------------------ 21 4See Also Seniority (Reinstatement)Under Each Craft Heading251242425232424128PParking ---------------------------------- 20Labor-Management Committee -------- 3National Study Committee -------------Security 2PAR Program (now EAP) 35Part-ThneFlexible EmployeesConversion to Full-Time --------------- 7 3Court Leave MemoDefinition and Use 7 1A2Excepted 8 3Guarantees 8 8Holiday Pay 11 7Hours of Work - 8 3Overtime Penalty Pay 8 4EPreference System (Clerk) - 37 SAStandard On PTF Roll--Clerk --------------------------------- 37--Motor Vehicle ----------------------- 39Temporary Holddown JobsISB1B4a--Motor Vehicle ----------------------- 39 1JWork Preference Over Casuals 7 1131, 11261261261552229918242850292519119322223119

Part-Time Regular ScheduleEmployees ------------------------------- 7 1A2 18Assignment 7 1A2 18Excepted 8 3 24Maintenance Craft ---------------------- 38 5A7 209Reassignmentof 12 SD 71Scheduling 8 3 24Separate Category 12 SD 71Subcontracting, Cleaning Services ----- 32 IA 146Memo 326Work Week - 8 1 23Part-TirueRegularEmployees--SeePart-TimeFixed ScheduleEmployeesPayIncreases--BasicAnnualSalary . . . . 9 1 98PayIncreases--COLASee Cost-of-Living AdjustmentsPayroll Deductions --------------------- 17 7E 122Penalty Overtime Pay ------------------ 8 4C-E 24Performance of Bargaining UnitWork by Supervisors ----------------- 1 6 4Offices with Less than 100 BargainingUnitEmployees 1 6B 4Offices with 100orMore BargainingUnitEmployees 1 6A 4Personnel Employees (Confidential)Excluded 12 2 51Physical Requirements --See Posting andBidding (Information on Notice)Under Each Craft HeadingPilots --SeeStudiesPolygraph Test -------------------------- 17 3 116Postal Inspection Service --See InspectionServicePostal Installations --See InstallationPosting, Principles ---------------------- 12 3 52

Posting Procedures, SeePostingandBidding Under Each Craft HeadingPreference Eligibles, Discipline Cases . . 16 9 113Preferred Assignment Register -------- 38 5A 207Preferred Duty Assignment feeDefinitions and Seniority UnderEachCraftHeadingPremiumRates ------------------------- 8 4F 25PirincipalAssignment--See Posting andBidding (Information On Notice)Under Each Craft HeadingPrinciples ofPromotions --------------- 33 1 151Privately Owned VehiclesTort Claims 27 136Voluntary Use Memo 331Probationary Period -------------------- 12 IA-D 52Productive DistributionISM, Brush-up Memo ----------------- IIA 350Manual Scheme, Brush-up Memo ------ 11C 351Productive Distribution Memo 336Professional Employees, Excluded ---- 1 2 2ProhibitionofUnilateralAction ------- 5 9Promotion Eligibility Register --------- 38 5131 210Promotions ------------------------------ 33 151Examinations 33 152Maintenance Selection System --------- 38 5131 210Principles 33 1 151Qualifications 1,2 151Training andSelf-HelpPrograms ------ 1 151Within Craft 2 151See Also Best QualifiedProperty Damage ----------------------- 28 3 139See Also Employer ClaimsProtected Benefits During Layoff ----- 6 E 17Protected Salary Rates ----------------- 7 34Technological Change 3 8

Protection--Part-1SmeFlexibleEmployees ------------------------------- 7 1131 19Protective Equipment, HazardousMaterials 4 8D 89P1IS --See Part-Time FlexibleEmployeesPTR--See Part-Time Fixed ScheduleEmployeesPyramiding Pay Rates, Prohibited ----- 8 4F 25QQualifications forPromotion ---------- 33 1,2 151Also See Posting and Bidding UnderEach Craft HeadingRRandom Numbers, Selection, TablesEDIT 37 6A3 341SIAT 37 6A2 196Rate Protection,SeeProtected SalaryRatesReasonable Accommodation, DeafandHard of Hearing, Memo 277Reassignments -------------------------- 12 4,5 52Advance Notice 4B 53Principles ------------------------------- 4A-D 52------------------------------------ 5A,B 54Special Provisions and Rules ----------- 5C 57--Central Mail Processing and/orDelivery Installation SC6 67--Consolidation of an IndependentInstallation SC2 59--Discontinuance ofanIndependentInstallation SCI 57

--Excessing--Outside an Installation . . . SCS 62--Excessing--Within an InstallationEmployees Excess to the NeedsOf a Section ------------------------- 5C4 61--Major Metropolitan Area ----------- 4B 53--Motor Vehicle Craft Only ----------- SCS 62--NationalPostal Mail Network ------ 4B 53--Non-Mail Processing Installations . . . 51311 57--Part-Time Flexibles in Excess ofQuota SC8 70--Reduction of the Number ofEmployees in an Installation OtherThanbyAttrition SCS 62--Transfer of a Classified Station orBranch to the Jurisdiction ofAnother Installation orMade anIndependent Installation ------------ 5C3 60--Withholding Position ---------------- SB 55--Transfers--Voluntary, Memo ------- 305--Vehicle Accident, Suspension orRevocation of Government Driver'sLicense 29 140--Memo ------------------------------- 320See Also--Demotion--Ill and Inj ured--Seniority Under Each CraftHeadingRecognitionofUnions ------------------ 1 1 1Records, Discipline --------------------- 16 10 114Reduction in Force, Regular WorkForce 6 9ReemploymentAfterDisability Separation--Clerk --------------------------------- 37 2D5 164--Maintenance -------------------------- 38 3171 202

--Materiel Support --------------------- 41 2F1 247--Motor Vehicle ------------------------ 39 1B5 223See Also Seniority Provisions UnderEach Craft HeadingRegional Level ArbitrationSee ArbitrationRegisters, Entrance/Hiring - ------------ 37 4C3 190Registers, PreferredAssignment ------ 38 SA 207Registers, PromotionEligibility ------- 38 SB 210Regular WorkForce,Defined --------- 7 1A1,2 18Regular Work Force,Layoffs --------- 6 9RehabilitationAct ---------------------- 2 1 5Reinstatement of DrivingPrivilageDriver's License Memo 320ReliefAssignments--C1erkCraft ---------------------------- 37 3F9 187--Maintenance Craft -------------------- 38 7C 218--Motor Vehicle CraftTemporary Holddown Jobs 39 1J 231Reopening Provision ------------------- 43 2 258Reporting Time not to be Changed onWeekend 8 6 27See Also--Posting and Bidding(Information on Notice, Changein Starting Time) Under EachCraft Heading-TransitionalWork Force ------------ 8 8D 28Reposting, Because of Change to Job--See Posting and Bidding Under EachCraft HeadingRepresentation -------------------------- 17Activities 2B 116Appointment ofStewards 2 115Checkoff 7 121Labor-Management Committee

Meetings 5 118Non-StewardInstallations -------------- 2C 116Payment of Stewards 4 118Rights of Stewards 3 116Stewards' Duties 1 115Transitional Employees,SeeMemo . . . . . 259Union Participation in New EmployeeOrientation 6 121RerankedPositions--Clerk --------------------------------- 37 3A10 173--Maintenance ------------------------- 38 5134 212--Materiel Support --------------------- 41 21 251Resignation, DuetoIllness--Clerk --------------------------------- 37 2D5 162--Maintenance ------------------------- 38 3171 202--Materiel Support --------------------- 41 2171 247--Motor Vehicle ----------------------- 39 1135 223Restoration of Seniority--See SeniorityUnder Each Craft HeadingRetirementProgram ------------------- 21 3 128See Also Reemploy ment (AfterDisability Separation)RetreatRightsBack toaSection 12 SC4c 62Back to an Installation ------------------ 12 5C5b 64Reversion- -SeeDefinitions as WellasPosting and Bidding, Under EachCraft HeadingReview of Discipline -------------------- 16 8 113Revocation- ofDrivingPrivilage ------ 29 140Memorandum of Understanding ------- 320Right to Information ------------------- 31 3 145See Also InformationRights of Union Officials to EnterPostal Installations ------------------- 23 129Rural Letter Carriers,Excluded ------- 1 2 2

SSafety and Health ----------------------- 14AreaJointLabor-ManagementCommitteeAutomatedSystems Development -----Buddy SystemCooperationCouncils, Field FederalEmployee ParticipationErgonomicsErgonomics Committee, Funding ------GreivanceAppealsHealth Services, AvailabilityHealth Unit, Role on Committee -------Human FactorsInvestigation Board, Serious orFatal . . . .AccidentsInvestigationsJoint Labor-Management Committee,NationalLocal CommitteeLocal Committee MeetingsI.ocalCommittee Responsibilities -----Local Committee Subjects forDiscussionManagement ResponsibilityNational Committee'sRole inEAP . . . . . . 35Orientation and Training ofNewCommittee Members 14Regional Joint Labor-ManagementCommitteeSteward's RoleWilliams-Steiger Occupational Safetyand Health Act18A529613A803C7183018680908580828385808C 888A 853A 824 847 858 855 851 802 1558B 883B 832(b) 813D 84

See Also--Accidents--Ill or Inj ured--Injury on Duty--VehiclesSalaries and Wages --------------------- 9Application ofRatesSalary Rates ----------------------------- 9Basic Annual SalaryContinuation of Cost-of-LivingAdjustmentCost-of-Living Adjustment ---------------EffectiveDates ----------------------Granting StepIncreasesProtected Salary Rates ------------------Transitional Employee -----------------ApplicationProtections, GeneralProtections, Involuntary ReassignmentsProtections, Technological Change ---- 4Saved Grade 493737Schedules, Step Progression 9Step Increases 9See Also--Base Annual Salary--Base Hourly Straight-time Rate--Basic Annual SalaryScheduleFull-Time Employees ---------------- -- 8 2HolidayPart-Time Employees Exceptions ---- -- 8 3See Also Posting and Bidding UnderEach Craft Heading5 331,4B 294A44B678A-B5712 SCSb(6)336B11 63fld(3)4C22132323234344534346888341781903029235024

SchemesAnnual and Periodic Tests Eliminated . . 341Brush-up Training Defined------------- 1M 160Brush-upTraining Memo -------------- 349Change in Scheme, Brush-up Training . 351Change in Scheme, Effect on Posting . . . 37 1M 606Committee, Scheme 8 197Currently Qualified 1K 160Deferment Period--Machine ------------------------------ 3F4 181--Manual------------------------------- 3173 179--Multiple ----------------------------- 3F"7 185--Subsequent Bid, effect --------------- 3FIc 178--WithdrawalfromBid ---------------- 3Flc 178--Seniority Listing -------------------- 3F3b 180Flit 341Information on Job Posting 3E 177Live Record 1L 160MPISM (See Memo) 341MPLSMLock-in (SeeMemo) --------- 341Parcel Sorter 6A 195Probationary SchemeTests ------------ 12 IA 50Productive Distribution Memo 336PTFPreference 37 5 191SIAT 6A2 195Training, See Deferments aboveSecurity Guards, Excluded 1 2 2Senior Markup Clerk--Automated ----- 37 3A6 171Seniority, Crafts, SeeSeniorityUnderEach Craft HeadingSeniority, Principles -------------------- 12 2A-F 51SeniorityforRehiredEmployees ------ 12 1D 51SeparabilityandDuration ------------- 43 257Separation,Unjust--SeeSecurity (Restored)Under Each Craft HeadingService Computation Date ------------- 37 2134 162

Service Day ------------------------------ 8 2B 23Service WeekDefined 8 2A 23Full-Time Employees ------------------ 2A 51Part-Time Employees ------------------ 2A 51SeverancePay --------------------------- 6 El 17SF-46 (See Driving Privileges) --------- 29 139Initiallssuance ------------------------- 139Off-Duty Driving Record -------------- 139Rein statement of,Memorandum ofUnderstanding 320State Driver's License 137SIT -1187(DuesDeduction) ------------- 17 7B, C 122SF-95 (Tort Claim Form) -------------- 27 136Shortages inFixed Credits ------------- 28 1 138SidiLeave -----------------------------° 10 5A-D 46Dependent Care, See MOU 359Minimum Charge 10 6 46Used with LWOP 10 6 46Shill Demonstration -------------------- 37 3175 184Bids With Computer Skills Memo ----- 334Military Disability 1K 245Reassignment 1I 244Reserved Positions --------------------- 111 243Responsibility 1C 237Seniority Lost 1G 243Seniority Retained, Regained, orRestored 1F 240Transfers 1G 243Veteran Benefits ----------------------- IE 240Starting Time --SeeReportingTimeStep 1, Grievance Procedure ----------- 15 2 91Step 2,Grievance Procedure ----------- 15 2 90Step 3,Grievance Procedure ----------- 15 2 92Step 4,Grievance Procedure ----------- 15 2 97Step Increases

General 9 1 29Progression 9 2 30While on LWOP forUnion Business . . . . 24 1 130Stewards -------------------------------° 17Alternate 2A 115Appointment 2A 115Certification 2A, B 115Chief Steward 2A 115Craft Other Than Own 2E 116Determination if a Grievance Exists . . . . . 3 116Investigating Grievance 1 115Involuntary Transfers 3 116Layoffs 6 C4 15Locker Inspections--See LockerInspections 17 9 123NotonPayroll 2D 116Number 2A 115Payment 4 116Rights 3 116Safety and Health 14 2 80Specific Work Location ---------------- 17 2A 115Super SeniorityStewards (cont)--Excessing ---------------------------- 17 3 116--Layoffs------------------------------- 6 C4 15Union Officer as Steward 17 2B 116Stools--Clerk --------------------------------- 37 7 196Strike,NoStrike Provision ------------ 18 1 123StudiesDependent Care 359Parking - 20 1 126Safety and Health 14 3 82Safety and Health 14 8 85Seating Devices, Adjustable PlatformStools 37 7 196

Training Committee Memo 330Work Measurement and Time Standards--Employer Studies -------------------- 34 B-D 152--Union Studies------------------------ 34 I 154Subcontracting -------------------------- 32Advance Notification 113 147AverageMVS employee costs 2E1 149Cleaning Services, Memorandum ofUnderstanding,Maintenance Craft . . . . . 326CostComparisons 2E 149Evaluation for Need IA 146General Principles 1 146JointCommittee 3 150Motor Vehicle Craft 2E 149Mail Equipment Shops Subcontractingmemo 351Successful Bidder--Limited to Five ----- 12 3A 52Times See Also Posting and Bidding UnderEach Craft HeadingSunday Premium Payment ------------- 8 6 27Super Seniority, Stewards--Layoffs------------------------------- 6 C4 15--Reassignments----------------------- 17 3 116Supervisors,Excluded ------------------ 1 2 2Supervisors Performing Bargaining UnitWork ----------------------------------° 1 6A, B 4AtPost Offices with 100orMoreBargaining Unit Employees 6A 4AtPostOffices withLess than 100BargainingUnit Employees 6B 4Supplemental Work Force --SeeCasualsSupply Items --See EquipmentSurplus Employees --SeeExcess EmployeesSuspension ------------------------------ 16 4,5,6 110Emergency Suspension 7 113Indefinite Suspension 6 112

14 Days or Less 4 111More Than l4DaysorDischarge ------ 5 111Review 8 113TTaskForce--Dependent Care, Memo ------------- 359Technological andMechanizationChanges --------------------------------- 4Advance Notice 1 1 7Labor-Management Committee(National Level) 2 7New Jobs 3 8New Mechanization or Equipment ---- 1 7Telephone Devices for the Deaf (Memo) 277Telephones, Use of 17 8 123Temporary Details --SeeDetailToTemporary Holddowns 39 1J 231Temporary Schedule Change--Productive Distribution DuringTraining 336--TrainingforComputer Skills --------- 334Temporary VacancyAvailable To PTF and UnassignedRegular--Motor Vehicle ------------------------ 39 1J 231HigherLevel Vacancy--See HigherLevelRelief and Pool--Clerk ---------------------------------- 37 3F9 187--Maintenance -------------------------- 38 7 218Ten Hours Work in Day, Over --------- 8 5F 26TestsBrush-up Training--TestNotNeeded . . . 349Computer Aptitude Test 334

Computer Skills Demonstration -------- 339EDIT, Operator Tests ------------------- 341Examinations--Entrance--General Reference -------------------- 37 SA 191Inter Level Bidding 37 3A11 175Medical Examinations--Light Duty Requests ------------------ 13 2 72--Light Duty Review ------------------ 13 417, G 76Pilot Tests--See StudiesPolygraph Tests 17 3 116Promotion Examinations 33 3 152Scheme Tests--See SchemesSIAT, OperatorTests ------------------- 37 6A 196Work Measurement and TimeStandards Tests 34 C, D 1521SmeStandards ------------------------- 34 152Tools--SeeEquipmentTort Claim,Privately OwnedVehicles . . 27 136Tractor Traitor OperatorsBidding, Assignment, Seniority --------- 39 1137 226TrainingBids--See Posting and Bidding UnderEach Craft Heading ; Also SeeDefermentsBrush-up--See Brush-up TrainingCommittee 349Computers 334Deaf and Hard of Hearing 277Hazardous Materiels 14 8D 89--See Also Clerk Craft Posting andBiddingMaintenance Craft ---------------------- 38 5C3,6A 215Motor Vehicle Craft 39 3G, I 240New Jobs, Automation 4 3 8Night Differential During Training ----- 39 3F 240Productive Distribution 336

PTF Preference 37 5 191Safety & Health, Committee MemberOrientation 14 8B 88Safety &Health, Hazardous Materiels . . 14 8D 89Scheme--See SchemesSelf Development 33 1 151TransfersInvoluntary Reassignments--SeeInvoluntary ReassignmentsLateral, Maintenance Craft ------------- 38 5133 212Mutual Exchanges--See MutualExchangesRequests forVoluntaryTransfers ----- 12 6 71--Motor Vehicle------------------------ 39 1G 230--Transfer Memo ----------------------- 305Seniority Upon Transfer--Clerk --------------------------------- 37 2137 166--Clerk, PTF --------------------------- 37 2D2 162--Maintenance ------------------------- 38 3E 201--Motor Vehicle ------------------------ 39 1133 222See Also--Demotion--Ill and Inj ured--ReassignmentsTransitional Work ForceGuarantees 8 8D 28Handbook & Manual 19 124Higher Level Pay, See Appendix A . . . . . . 262Holiday Schedule 11 6D 49Hourly Rate 9 9 34Interest Arbitration Award,Goldberg Panel, See Appendix C ------ 259LeavePreference ----------------------- 10 2B 43Career Opportunities Memo 274Night Shift Differential 8 7B 269OvertimeWark- ------------------------ 8 4G 25

WorkHours 7 1C 20Travel Authority ------------------------ 36 2 1571110 --See Tractor-Trailer OperatorsTwelve Hour Day ----------------------- 8 5 G 27TypingSkillsDemonstrationof 37 3175,6 184Incidental Typing 3176 185Inter Level Bidding 3A11 175UUnassigned RegularsHow Assigned--Maintenance -------------------------- 38 SA8 210MPLSM Lock-in ----------------------- 37 3135 341Temporary Holddowns,MVS 39 1J 231See Also Detail To (204B)Uniforms and Work Clothes ----------- 26Administration 1 133Annual Allowance 2A 134Annual Allowance, Newly EligibleEmployees 2B 135Eligibility 3 135Entitlement Continuation 3 135National Joint Labor-ManagementUniform Control Committee 1 133Wear-Out Period ------------------------ 1 133Work Clothes Program 3 135Unilateral Action--Prohibition ---------- 5 8UnionBusiness--Annual Leave -------- 24 1,2 130Union Conventions --------------------- 24 1,2 130UnionLWOP --------------------------- 24 130Union Management Cooperation ------ 31Data to be Supplied 2 145Inspection ofRelevant Information ---- 3 146Reimbursement of USPS for

Information --------------------------- 3 146Requests forInformation 3 145Right to Information -------------------- 3 146Solicitation ofEmployees forMembership 1 145UnionOfficialsAnnual Leave During Choice VacationPeriod---------------------------------- 24 2B-C 13010 3F 44Continuation ofBenefits 24 1 130Conventions 24 2 130Right toEnter Postal Installations ------ 23 129SickLeave 24 1 130UnionRecognition 1 1 1Union'sRight toInitiateGrievance(Step 1) 15 2 90Unjust Removat/Transfer--See Seniority(Restoration) UnderEach Craft HeadingUnsafe or Unhealthful ConditionsForms to be Available 14 2 80See Also Safety and HealthUpgrading Position--See Posting andBi ddingUnder Each Craft HeadingUseofDisciplineRecords -------------- 16 10 115VVacant Duty AssignmentPTFPreference 37 SB 193Part-Time Regular Vacancy ------------ 37 5 191Reserving/Withholding for ExcessedEmployees 12 5132 55Subcontracting Cleaning Services ----- 326See Also--Definitions (Duty Assignment,Preferred Assignment, Residual

Vacancy, Reversion) Under EachCraft Heading--Detail to (204B)--Posting and Bidding Under EachCraft Heading-Temporary Vacancy-Transitional WorkForce--Unassigned RegularsVacation (See Leave) ------------------- 10 43Vacation,Choice Period ---------------- 10 3A-F 43Local Negotiations Over VacationIssues ----------------------------------- 30 B4-12,20 142VacationPlanning ---------------------- 10 4 45Vacation Scheduling-PTF--Clerk --------------------------------- 37 2D3c 163--Motor Vehicle ------------------------ 39 1I 231VehicleAccidentReinstatement ofDrivingPrivilege 320Damage to USPS Vehicle 28 3 139Directional Fans 39 3G 240New Vehicles,Union Involvement--Motor Vehicle Craft ----------------- 39 3B 239Safety of Vehicles 14 2 82Tort Claims 27 137Voluntary Use Memo 331Vehicle Operations--MaintenanceAssistant--Maintenance------------------------- 38 7D 219Veterans' Preference ------------------- 16 9 113Voluntary Transfer- -SeeTransfersWWages ------------------------------------ 9 29

Wash-Up Time -------------------------- 8 9 29Local Implementation ------------------ 30 131 141Williams-Steiger Occupational Safetyand Health Act ------------------------- 14 3D 84WitnessAtStep 2Hearing 15 2 92Payment 17 4 118WorkAssignments (Cross Crafts) ------ 7 2A-C 21Work, Bargaining Unit (Notto bePerformed bySupervisors) 1 6A, B 4Work Clothes, SeeUniformsandWorkClothes 26 133Work Clothes Program ---------------- 26 3 135WorkDayforOvertime Purposes ----- 8 1 23WorkHours ----------------------------- 8 23See Reporting TimeWorkSchedules ------------------------ 7Full-Time Employees ----------------- lAl 18Part-Time Employees ----------------- lA2 18Work and/or Time Standards --------- 34 152AdvanceNoticetoUnions C 152Arbitration ------------------------------ E-H 153Arbitration Award F 153Arbitration Decision H 154Arbitration Issue G 153Tests to be Conducted C 152Union Grievance Limitation E 153Work Week,Defined ------------------- 8 1 23"WorkWeek,Normal"Defined ------- 8 2C 24Work Years or Number ofEmployeesDiscipline Review Process 16 8 113Full-time Employment ----------------- 7 3A 22Grievance Processing (Step 2) 15 2 92Length of WorkDay 8 1 23Local Safety Committees 14 4 84Maximization Memos 283

Office Size MemoSafety Inspections 14 8SupplementalWork Force 7 3TransferMemoWorkHour Guarantees 8 8CWorking Supervisors Prohibited ------ 1 6AWorkPlaceEnvironmentImprovement/ThreatAssessmentTeamMemo -----2838522305284310

2000~S SMTWT F Pa Period S SMTWT FDEC ~99 18 19 20 21 22 23(9 1 2 3 a 5 6Q;26 27 28 29 30 31 1 15 8 9 10 11 12 13 14 JUL2 3 4 5 6(q 15 16 17 18 19 209 10 11 12 13 14 2 16 22 23 24 25 26 27 28JAN 5 16M 18 19 20W29 30 31 1 2 3 C_4;72 15 82 23 24 25 26 27 28 3 17 5 6 7 8 9 10 11 AUG29 30 31 1 2 3 4 12131415161715 6 7 8 9 1011 4 18 19 20 21 22 23 2425FEB 12 13 14 15 16 1726 27 28 29 30 31 (_I~1920 22232425 5 19 2 3 ' S 6 7 826 27 28 29 1 2 COLA 9 10 11 12 13 14 SEP4 5 6 7 8 9 10 6 20 16 17 18 19 20 21 22MAR 11 12 13 14 15 16 COLA 23 24 25 26 27 2818 19 20 21 222324 7 21 30 1 2 3 4 5 625 26 27 28 29 30 7 8 E] 10 11 12 OCT1 2 3 4 5 6 7 8 22 14 15 16 17 18 19 208 9 10 11 12 13(o 21 22 23 24 i&26APR 15 16 17 18 19 20 21 9 23 28 29 30 31 1 2 322 23 24 25 26 27 4 5 6 7 8 9 NOV29 30 1 2 3 4 5 10 24 12 13 14 15 16 176 7 8 9 1011 1.2% 1819202122MAY 13 14 15 16 17 18 19 11 25 2526 27 28 29 30 120212223242 234567 Q~27 28030 31 1 2 12 26 9 10 11 12 13 14 15 DEC3 4 5 6 7 8 161718192021JUN 10 11 12 13 14 15 16 13 1 23 24 26 27 28 2917 18 0 His.24 25 26 27 28 2 ~ 14 2 60 7 8 9 0 1 12 ~~Key to Calendar~HolidayLeave YearO Begins : PP 02-2000 Jan 1, 2000Pay Day Ends : PP 02-2001 Jan 12, 200127 Pay Periods in Leave Year 2000The 3b COLA under the 1998 Agreement COLA COLA The 4th COLA under the 1998 Agreementtakes effect March 11, 2000. 20 takes effect September 9, 2000.1 .2% 1st increase under 2000 Agreement.25

2001.S` .S` M T W T F Pav PPrinrl .S` .S` M T W T FuEC Zooo 16 17 18 19 20 21 30 1 2 3 M523 24M26 27 28 29 1 15 7 8 9 10 11 12 13 JUL30 31 1 2 3 4 14 15 16 17 18 196 7 8 9 10 11 12 2 16 21 22 2324252627JAN 1314[0161718W 28 29 30 31 1 220 21 22 23 24 25 26 3 17 4 5 6 7 8 9 1027 28 29 30 31 1 11 12 13 14 15 16U AUG3 4 5 6 7 8 9 4 18 18192021 222324FEB 10 11 12 13 14 15W 5:] 2526 27 28 29 3017 18[020 21 22 2319 120456724 25 26 27 28 1 8 9 10 11 12 13 SEP3 4 5 6 7 8 9 6 20 1516171819202110 11 12 13 14 15 22 23 24 25 26 27MAR 17 18 19 20 21 22 23 7 21 29 30 1 2 3 4 524 25 26 27 28 29 6 7 V 9 10 11 OCT31 1 2 3 4 5 6 8 22 131415161718197 8 9 10 11 1 20 21 22 23 24 25APR 14 15 16 17 18 19 20 9 23 27 28 29 30 31 1 221222324252 3 4 5 6 7 8 928 29 30 1 2 3 4 10 24 10 12 13 14 15 16 NOV5 6 7 8 9 10(0 1.8% 1718192021 EUUMAY 12 13 14 15 16 17 18 11 25 2425 2627 28 29 30192021 22232 123456C726 27 : 29 30 31 1 12 26 8 9 10 11 12 13 14 DEC2 3 4 5 6 7 151617181920JUN 9 10 11 12 13 14 15 13 1 22 23 24 26 27 2816 17 18 19 2199 3 H 2 3 Jan23 24 25 26 2 ~ 7 28 ~ 29 14 2 25 60 7 8 9 0 11 M2Key co toaienaarO~HolidayLeave YearBegins : PP 03-2001 Jan 13, 2001Pa y Da y Ends : PP 02 - 2002 J an 11 , 2002Note: The semiannual COLAs for 2001 were awarded as a lump sum payment anddid not increase pay rates .1 .8% 2nd increase under 2000 Agreement25

2002S SMTWT F Pay Period S SMTWT FDEC ~2oo 15 16 17 18 19 20U 29 30 1 2 3 ' S22 23 24 26 27 28 1 15 6 7 8 9 10 11 12 JUL2930312 3 4 131415161718 95 6 7 8 9 10 11 2 16 20 21 22 23242526JAN 12 13 14 15 16 17 8 27 28 29 30 31 1 219 20 22 23 24 25 3 17 3 4 5 6 7 8 92627 28 29 30 31 1 10 11 12 13 14 15 16 AUG2 3 4 5 6 7 8 4 18 1718192021 2223FEB 9 10 11 12 13 14 15 24 25 26 27 28 29 01617 : 192021 22 5 19 31 1 3 4 5 623 24 25 26 27 28W COLA 7 8 9 10 11 12Q3 SEP2 3 4 5 6 7 8 6 20 14 15 16 17 18 19 209 10 11 12 13 14 15 COLA 21 22 23 24 25 261Q7~MAR 16 17 18 19 20 21 22 7 21 28 29 30 1 2 3 423 24 25 26 27 28U9 5 6 7 8 9 10 11 OCT30 31 1 2 3 4 5 8 22 12 13 0]15 16 17 186 7 8 9 1011 192021 222324 5APR 13 14 15 16 17 18 19 9 23 26 27 28 29 30 31 1202122232425 6 2 3 4 5 6 7 827 28 29 30 1 2 3 10 24 9 10 12 13 14 15 NOV4 5 6 7 8 9 0 1.4%161718192021MAY 11 12 13 14 15 16 17 11 25 23242526 27 : 2918 19 20 21 22 234 30 1 2 3 4 5 625 26 28 29 30 31 12 26 7 8 9 10 11 12 13 DEC1 2 3 4 5 6 7 141516171819 0JUN 8 9 10 11 12 13 14 13 1 21 22 23 24 26 2715 16 17 18 19 20 1 28 29 30 31 2 3 J8n zoo322 23 24 25 26 27 28 14 2 4 5 6 7 8 9 10 1Key to Calendar~HolidayLeave YearBegins : PP 03-2002 Jan 12, 2002O Pay Day Ends : PP 02-2003 Jan 10, 2003The tat COLA under the 2000 Agreement COLA COLA The 2nd COLA under the 2000 Agreementwas zero due to a falling CPI-W 20 takes effect September 7, 2002.1 .4% 3b increase under 2000 Agreement.24

2003.S` .S` M T W T F Pav PPrinrl .S` .S` M T W T F~DEC '200 1 14 15 16 17 18 19 0 28 29 30 1 2 321 22 23 24 26 27 1 15 5 6 7 8 9 10 11 JUL28 29 30 31 U 2 3 12 13 14 15 16 17 184 5 6 7 8 9 0 2 16 19 20 21 22 232425JAN 11 12 13 14 15 16 126 27 28 29 30 31Y18 19 M21 22 23 4 3 17 2 3 4 5 6 7 825 26 27 28 29 30 1 9 10 11 12 13 14 1 AUG1 2 3 4 5 6 7 4 18 161718192021 22FEB 8 9 10 11 12 13 14 23 24 25 26 27 28 91516 1819202 5 19 3031 2 3 4 522 23 24 25 26 27Q9 COLA 6 7 8 9 10 11 12 SEP1 2 3 4 5 6 7 6 20 131415161718198 9 10 11 12 13V COLA 20 21 22 23 24 25MAR 15 16 17 18 19 20 7 21 27 28 29 30 1 2 322 23 24 25 26 27Q9 4 5 6 7 8 9 1029 30 31 1 2 3 4 8 22 11 12 14 15 16 17 OCT5 6 7 8 9 1011 18192021 2223 4APR 12 13 14 15 16 17 8 9 23 2526 27 28 29 3019 20 21 22 23 24N 1 2 3 4 5 6 726 27 28 29 30 1 10 24 8 9 10 12 13 14 NOV3 4 5 6 7 IS 8 P 9 End 15 16 17 18 19 20 1MAY 10 11 12 13 14 11 25 2223 242526 2~17 18 19 20 21 220 29 30 1 2 3 4 524 25 E327 28 29 3 12 26 6 7 8 9 10 11 12 DEC31 1 2 3 4 5 6 13 14 15 16 17 18 19JUN 7 8 9 10 11 12 13 13 1 20 21 22 23 24 2614 15 16 17 18 19 0 27 28 29 30 31 Jim 200+21 22 23 24 2526 27 14 2 3 4 5 5 7 8 ~ IHolidayKey to CalendarLeave YearBegins : PP 0.3-200.3 Jan 11, 2003O Pay Day Ends : PP 02-2004 Jan 9, 2004The 3b COLA under the 2000 Agreement COLA COLA The 4th COLA under the 2000 Agreementis effective March 8, 2003 . 20 takes effect September 6, 2003.EndThe 2000 Agreement ends on25 November 20.2003.

2004S SMTWT F Pay Period S SMTWT FDEC '200 1 13 14 15 16 17 18 9 26 27 28 29 30 1 220 21 22 23 24 26 1 15 3 13L56 7 827 28 29 30 31 132) 10 11 12 13 14 15 16 JUL3 4 5 6 7 8 ~ 2 16 1718192021222310 11 12 13 14 150 24 25 26 27 28 29YJAN 17 18 ' 20 21 22 3 17 31 1 2 3 4 5 624 25 26 27 28 29 0 7 -8 9 10 11 12 13 AUG31 1 2 3 4 5 4 18 141516171819207 8 9 10 11 12Q) 21 22 23 24 25 26YFEB 14 15 . 17 18 19 2 5 19 28 29 30 31 1 2 321 22 23 24 25 26 45 0789 10 SEP28 29 1 2 3 4 5 6 20 11 12 13 14 15 16 176 7 8 9 101112 181920212223MAR 13 14 15 16 17 18 7 21 252627 28 29 30 Y20 21 22 23 24 25q? 2 3 4 5 6 7 827 28 29 30 31 1 8 22 9 10 11 12 13 14 15 OCT3 4 5 6 7 8 (p 16 17 : 192021 2APR 10 11 12 13 14 15 ~ 9 23 23 24 25 26 27 28 2~17 18 19 20 21 220 30 31 1 2 3 4 524 25 26 27 28 29 3 10 24 6 7 8 9 10 12 NOV1 2 3 4 5 13 6 W 7 13 14 15 16 17 18 198 9 10 11 1211 25 20 21 22 23 24 2~MAY 15 16 17 18 1920(o 27 28 29 30 1 2 322 2324 252627 2 12 26 4 5 6 7 8 9 1029300 1 2 3 4 11 12 13 14 15 16 1 DEC5 6 7 8 9 10 11 13 27 18 19 20 21 22 23 24JUN 12 13 14 15 16 17U8 26 27 28 29 30 3119 20 21 22 23 2425 14 1 2 3 4 5 6 7 I Jan 2A05Key to Calendar0~HolidayLeave YearBeginB : PP 0.3-2004 Jan 10, 2004Pay Day Ends : PP 01-2005 Jan 7, 2005

2005S SMTWT F Pay Period S SMTWT Fnac2004 11 12 13 14 15 16`17 2526 27 28 29 30 118 19 20 21 22 23 24 27 14 2 3 5 6 7 826 27 28 29 30 1 9 10 11 12 13 14 1 JUL2 3 4 5 6 7 1 15 161718192021228 9 10 1112 13 14 23 24 25 26 27 28Z9)JAN 15 16 18 19 20 21 2 16 3031 1 2 3 4 522 23 24 25 26 27V8 6 7 8 9 10 11 12 AUG29 30 31 1 2 3 4 3 17 13 14 15 16 17 18 195 6 7 8 9 1011 2021 22232425 6FEB 12 13 14 15 16 17 18 4 18 27 28 29 30 31 1 219 20 22 23 24 3 4 0 6 7 8 926 27 28 1 2 3 4 5 19 10 11 12 13 14 15 16 SEP5 6 7 8 9 1011 171819202122 3MAR 12 13 14 15 16 17 18 6 20 24 25 26 27 28 29 3019 20 21 22 23 24 1 2 3 4 5 6 726 27 28 29 30 31 7 21 8 9 10 11 12 13 14 OCT2 3 4 5 6 7 8 F -1 52"16 181920 19 10 11 12 13 14 8 22 22 23 24 2526 27 28APR 16 17 18 19 20 21 2 29 30 31 1 2 3 423 24 25 26 27 28 2 9 23 5 6 7 8 9 10 NOV30 1 2 3 4 5 6 12 13 14 15 16 17 187 8 9 10 11 12 ~ 10 24 19 20 21 2223 23MAY 14 15 16 17 18 19 0 2627 28 29 30 1 221 2223 24252627 11 25 3 4 5 6 7 8 92829031 1 2 3 10 11 12 13 14 15 16 DEC4 5 6 7 8 9 10 12 26 17 18 19 20 21 22 23JUN 11 12 13 14 15 16 1 24 26 27 28 29 3018 19 20 21 22 23 24 13 1 31 2 3 4 5 6T I Jan 2006NORKey to Calendar0~HolidayLeave YearBegins : PP 02-200.5 Jan 8, 2005Pay Day Ends : PP 01-2006 Jan 6, 2006