NALC-USPS Joint Contract Administration Manual - March 2022

article 18 no strike..............................................................Page 18-1 article 19 Handbooks and Manuals...................................Page 19-1 article 20 Parking ................................................................Page 20-1 article 21 benefit Plans .......................................................Page 21-1 article 22 bulletin boards ...................................................Page 22-1 article 23 Rights of Union officials to enter Postal Installations ......................................................................Page 23-1 article 24 employees on leave with Regard to Union business ............................................................................Page 24-1 article 25 Higher level assignments .................................Page 25-1 article 26 Uniforms and Work Clothes .............................Page 26-1 article 27 employee Claims ................................................Page 27-1 article 28 employer Claims ................................................Page 28-1 article 29 limitation on Revocation of Driving Privileges...........................................................................Page 29-1 article 30 local Implementation ........................................Page 30-1 article 31 Union-Management Cooperation .....................Page 31-1 article 32 subcontracting....................................................Page 32-1 article 33 Promotions ..........................................................Page 33-1 article 34 Work and/or Time standards ...........................Page 34-1 article 35 employee assistance Program ..........................Page 35-1 article 36 Credit Unions and Travel ..................................Page 36-1 article 41 letter Carrier Craft...........................................Page 41-1 article 42 energy shortages................................................Page 42-1 article 43 separability and Duration.................................Page 43-1 acronym Glossary ..............................................................Glossary-1 Index..........................................................................................Index-1 Page 1-1 Table of Contents-2 NALC-USPS Joint Contract Administration Manual-March 2022 NALC-USPS Joint Contract Administration Manual-March 2022 Page 1-1 A rticle 1 U nion recognition Preamble PREAMBLE This Agreement (referred to as the 2019 National Agreement) is entered into by and between the United States Postal Service (hereinafter referred to as the “Employer”) and the National Association of Letter Carriers, AFL-CIO (hereinafter referred to as the “Union”). The Agreement is effective as of September 20, 2019 unless otherwise provided. ARTICLE 1. UNION RECOGNITION 1.1 Section 1. Union The Employer recognizes the National Association of Letter Carriers, AFL-CIO as the exclusive bargaining representative of all employees in the bargaining unit for which it has been recognized and certified at the national level—City Letter Carriers. The Postal Reorganization Act of 1970 (PRA) transformed the Post Office Department into an independent establishment of the govern- ment of the United States, The United States Postal Service. The PRA also gave postal employees the right to bargain collectively over their wages, hours, and working conditions. The law states that the Postal Service “shall accord exclusive recognition to a labor organization when the organization has been selected by a majority of the employees in an appropriate unit as their representative.” This PRA mandate followed the concept of exclusive recognition that had long served as the basis for collective bargaining in the private sector. The doctrine holds that only one labor organization can represent “all employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment...” (Labor- Management Relations Act, Section 9(a).) NALC is the exclusive bargaining agent representing city delivery carriers. Although NALC membership is not limited to members of the city letter carrier craft, NALC is the exclusive representative of all city letter carriers—the only organization entitled to represent letter carriers in their collective bargaining relationship with the U.S. Postal Service. Despite the doctrine of exclusive representation, Article 17.2.E provides that a steward may be designated to represent a craft other than the steward’s own—if the unions involved approve and notify the Postal Service in writing. The positions currently designated in the letter carrier craft—and thus within the jurisdiction of NALC for representational purposes—are listed in Article 41.1.A. Article 1.1 does not speak directly to the question of the precise juris- diction of NALC or of those unions which are exclusive bargaining rep- Page 1-2 NALC-USPS Joint Contract Administration Manual-March 2022 resentatives for other groups of U.S. Postal Service employees. Other unions exclusively representing large, national groups of Postal Service craft employees are: APWU—American Postal Workers Union (AFL-CIO): clerks, maintenance employees, and motor vehicle employees; NPMHU—National Postal Mail Handlers Union, Division of Laborers’ International Union (AFL-CIO): mail handlers; and NRLCA—National Rural Letter Carriers’ Association: rural letter carriers. NALC and unions representing these other postal crafts all negotiated together and executed joint National Agreements with the U.S. Postal Service covering the periods 1971-73 and 1973-75. The NRLCA bar- gained separately for its 1975-78 Agreement. In 1978, 1981, 1984, 1987, and 1990 NALC and APWU (the Joint Bargaining Committee) negotiated jointly while the unions representing mail handlers and rural carriers negotiated separate agreements. In 1994 and thereafter, NALC negotiated and arbitrated its National Agreements separately from APWU. Presently each of the four major postal unions has a separate National Agreement with the Postal Service. 1.2 Section 2. Exclusions The employee group set forth in Section 1 above does not include, and this Agreement does not apply to: 1. Managerial and supervisory personnel; 2. Professional employees; 3. Employees engaged in personnel work in other than a purely non- confidential clerical capacity; 4. Security guards as defined in Public Law 91-375, 1201(2); 5. All Postal Inspection Service employees; 6. Employees in the supplemental work force as defined in Article 7; 7. Rural letter carriers; 8. Mail handlers; 9. Maintenance Employees; 10. Special Delivery Messengers; 11. Motor Vehicle Employees; or 12. Postal Clerks. Managerial and supervisory personnel are excluded from the bargaining unit by the terms of Article 1.2 as well as by the provisions of the Postal NALC-USPS Joint Contract Administration Manual-March 2022 Page 1-3 Reorganization Act (See 39 U.S.C. 1202(2)). However, letter carriers serving in a temporary supervisory position (204b) are still considered to be craft employees and continue to accrue uninterrupted seniority in the letter carrier craft (Article 41.1.A.2). (Fasser, NB-S-6859, June 30, 1977, C-03288; Aaron, H1N-4J-C 8187, March 22, 1985, C-04925; and Mittenthal A8-W-939, January 27, 1982, C-00580.) Members of the supplemental workforce, which was previously defined as being comprised of casuals, are excluded from the bargaining unit. The supplemental workforce (casuals) was eliminated effective December 10, 2007 by the Memorandum of Understanding, Re: Article 7.1. MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO Re: Article 7.1 The parties agree that the November 21, 2006 effective date of the National Agreement does not apply to the employment of Transitional Employees or the elimination of the supplemental workforce (casuals). The parties further agree that no city letter carrier casu- als will be on the rolls later than December 9, 2007. Any dispute over the beginning date for city letter carrier casuals may be addressed only by the parties at the national level. Date: September 11, 2007 1.3 Section 3. Facility Exclusions This Agreement does not apply to employees who work in other employer facilities which are not engaged in customer services and mail processing, previously understood and expressed by the par- ties to mean mail processing and delivery, including but not limited to Headquarters, Area Offices, Information Service Centers, Postal Service Training and Development Institute, Oklahoma Postal Training Operations, Postal Academies, Postal Academy Training Institute, Stamped Envelope Agency, Supply Centers, Mail Equipment Shops, or Mail Transport Equipment Centers. 1.4 Section 4. Definition Subject to the foregoing exclusions, this Agreement shall be applicable to all employees in the regular work force of the U.S. Postal Service, as defined in Article 7, at all present and subsequently acquired installa- tions, facilities, and operations of the Employer, wherever located. Article 1.4 provides that, subject to the exclusions listed in Article 1, Sections 2, and 3, all members of the regular workforce as defined in Article 7.1.A are members of the bargaining unit. Article 7.1 defines the regular work force as being comprised of full-time, part-time regular, and Page 1-4 NALC-USPS Joint Contract Administration Manual-March 2022 part-time flexible employees. Full-time flexible employees are also part of the regular workforce. In addition, city carrier assistant employees are members of the bargaining unit as provided for in Article 7.1.C. 1.5 Section 5. New Positions A. Each newly created position shall be assigned by the Employer to the national craft unit most appropriate for such position within thirty (30) days after its creation. Before such assignment of each new position the Employer shall consult with the Union for the purpose of assigning the new position to the national craft unit most appropriate for such position. The following criteria shall be used in making this determination: 1. existing work assignment practices; 2. manpower costs, 3. avoidance of duplication of effort and “make work” assignments; 4. effective utilization of manpower, including the Postal Service’s need to assign employees across craft lines on a temporary basis; 5. the integral nature of all duties which comprise a normal duty assignment; 6. the contractual and legal obligations and requirements of the parties. B. The Union shall be notified promptly by the Employer regarding assignments made under this provision. Should the Union dispute the assignment of the new position within thirty (30) days from the date the Union has received notification of the assignment of the position, the dispute shall be subject to the provisions of the grievance and arbi- tration procedure provided for herein. Article 1.5 requires that before assigning a new position to the most appropriate national craft bargaining unit, the Postal Service must con- sult with the NALC. Additionally, it contains standards that must be used in making assignments of new positions to the appropriate unit, and provides that the NALC will be promptly notified of the decision as to which bargaining unit a new position has been assigned. Any dispute as to that assignment is grievable at the national level within 30 days from the date the union receives notification of the assignment. 1.6.A Section 6. Performance of Bargaining Unit Work A. Supervisors are prohibited from performing bargaining unit work at post offices with 100 or more bargaining unit employees, except: 1. in an emergency; 2. for the purpose of training or instruction of employees; 3. to assure the proper operation of equipment; NALC-USPS Joint Contract Administration Manual-March 2022 Page 1-5 4. to protect the safety of employees; or 5. to protect the property of the USPS. The prohibition against supervisors performing bargaining unit work also applies to acting supervisors (204b). The PS Form 1723, which shows the times and dates of the 204b detail, is the controlling docu- ment for determining whether an employee is in a 204b status. A sepa- rate PS Form 1723 is used for each detail. A single detail may not be broken up on multiple PS Forms 1723 for the purpose of using a 204b on overtime in lieu of a bargaining unit employee. Article 41.1.A.2 requires that a copy of the PS Form 1723 be provided to the union at the local level. An acting supervisor (204b) may not be used in lieu of a bargaining- unit employee for the purpose of bargaining unit overtime. An employ- ee detailed to an acting supervisory position will not perform bargain- ing unit overtime immediately prior to or immediately after such detail on the day he/she was in a 204b status unless all available bargaining unit employees are utilized. However, an employee may work bargain- ing unit overtime, otherwise consistent with the provisions of Article 8, on the day before or the day after a 204b detail (Step 4, H0N-5R-C 13315, August 30, 1993, M-01177). Branches that wish to determine whether a post office has 100 or more bargaining unit employees should contact their national business agent. The Settlement Agreement NC-E-4716, November 24, 1978 (M-00206) between the NALC and USPS, which was intended to be of general application, provides that “where additional work hours would have been assigned to employees but for a violation of Article 1.6.A, and where such work hours are not de minimis, the employee(s) whom management would have assigned the work, shall be paid for the time involved at the applicable rate.” (de minimis means trifling, unimpor- tant, inconsequential.) An emergency is defined in Article 3.F as “an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature.” 1.6.B B. In offices with less than 100 bargaining unit employees, supervi- sors are prohibited from performing bargaining unit work except as enu merated in Section 6.A.1 through 5 above or when the duties are included in the supervisor’s position description. (The preceding Article, Article 1, shall apply to City Carrier Assistant Employees.) Article 1.6.B prohibits supervisors in offices with less than 100 bargain- ing unit employees from performing letter carrier bargaining unit work except for the reasons enumerated in Article 1.6.A.1 through 5, or when the duties being performed are included in the supervisor’s position description. The Step 4 decision NC-C-9746, March 3, 1978 (M-00200) provides that no matter what appears in a supervisor’s job description, it does not authorize the supervisor to perform bargaining unit work as a mat- ter of course every day, but rather to meet established service standards. Furthermore, the prearbitration settlement H7N-2M-C 443, May 17, 1988 (M-00832), provides that where the phrase distribution tasks or “may personally perform non-supervisory tasks” is found in a supervi- sor’s job description, this does not include casing mail into letter carrier cases. Page 1-6 NALC-USPS Joint Contract Administration Manual-March 2022 NALC-USPS Joint Contract Administration Manual-March 2022 Page 2-1 This Memo is located on JCAM page 2-2. A rticle 2 N oN-D iscrimiNAtioN AND civil rights 2.1 Section 1. Statement of Principle The Employer and the Union agree that there shall be no discrimination by the Employer or the Union against employees because of race, color, creed, religion, national origin, sex, age, or marital status. In addition, consistent with the other provisions of this Agreement, there shall be no unlawful discrimination against handicapped employ- ees, as prohibited by the Rehabilitation Act. [see Memo, page 142] 2.2 Section 2. Committees There are established at the national and area levels Joint Committees on Human Rights. The committees will be composed of a representa- tive of the Union and responsible management officials. The commit- tees may develop affirmative action proposals on all matters affecting minority groups. The committees will also be advised of the plan for site selection for facilities planned for national postal mail networks and major metropolitan areas, and review availability of adequate housing and public transportation. The committees shall meet as required at mutually agreeable times. 2.3 Section 3. Grievances Grievances arising under this Article may be filed at Formal Step A of the grievance procedure within fourteen (14) days of when the employ- ee or the Union has first learned or may reasonably have been expected to have learned of the alleged discrimination, unless filed directly at the national level, in which case the provisions of this Agreement for initiating grievances at that level shall apply. (The preceding Article, Article 2, shall apply to City Carrier Assistant Employees.) Article 2 gives letter carriers the contractual right to object to and remedy alleged discrimination by filing a grievance. Grievances alleging discrimination may be filed directly at Formal Step A of the grievance procedure. However, if a grievance concerning discrimination is filed at Informal Step A instead, it is not procedurally defective for that reason. Additionally, in accordance with federal law and regulations, letter car- riers have legal recourse to remedy alleged workplace discrimination through the EEOC and the federal courts. Article 2 also gives letter carriers the contractual right to object to and remedy alleged violations of the Rehabilitation Act through the grievance procedure. Postal Service guidelines concerning reason- able accommodation are contained in Handbook EL-307, Reasonable Accommodation, An Interactive Process. The Memorandum of Understanding reprinted below is incorporated into the National Agreement. It establishes specific obligations con- cerning the Postal Service’s duty to reasonably accommodate deaf and hard of hearing employees and applicants under the Rehabilitation Act. MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO Re: Deaf and Hard of Hearing REASONABLE ACCOMMODATION FOR THE DEAF AND HARD OF HEARING MANAGEMENT’S RESPONSIBILITY Management has an obligation to reasonably accommodate Deaf and Hard of Hearing employees and applicants who request assistance in communicating with or understanding others in work related situations, such as: a. During investigatory interviews which may lead to discipline, discussions with a supervisor on job performance or conduct, or presentation of a grievance. b. During some aspects of training including formal classroom instruction. c. During portions of EAP programs and EEO counselings. d. In critical elements of the selection process such as during testing and inter- views. e. During employee orientations, safety talks, CFC and savings bond drive kick- off meetings. f. During the filing or meetings concerning an employee’s OWCP claim. Reasonable accommodation must be approached on a highly individualized, case by case basis. The individual’s input must be considered prior to making a deci- sion regarding accommodation. IMPLEMENTATION This obligation is met by selecting an appropriate resource from the variety of resources available. In selecting a resource, the following, among others, should be considered, as appropriate: — The ability of the deaf or hard of hearing employee to understand various methods of communication and the ability of others to understand the deaf or hard of hearing employee. — The importance of the situation as it relates to work requirements, job rights, and benefits. — The availability and cost of the alternative resources under consideration. — Whether the situation requires confidentiality. Available resources which should be considered include: a. Installation heads are authorized to pay for certified interpreters. Every effort will be made to provide certified interpreters when deemed necessary by an application of the principles set forth herein. Page 2-2 NALC-USPS Joint Contract Administration Manual-March 2022 b. In some states, the Division of Vocational Rehabilitation (DVR) provides inter- preters at no charge. When a decision is made that an interpreter is the appropri- ate accommodation and a DVR interpreter is not available, other methods of securing an interpreter should be used. c. Volunteer interpreters or individuals skilled in signing may be obtained from the work force or from the community. The skill level of such persons should be considered. d. In some situations, written communications may be appropriate. The deaf or hard of hearing employee’s ability to understand written communications should be considered. e. Supervisors, training specialists, EAP, and EEO counselors may be trained in sign language. f. Deaf or hard of hearing applicants should normally be scheduled for a specific examination time when an interpreter will be available. g. State or Federal relay services may provide a way for a deaf or hard of hearing employee to conduct postal business by telephone with other employees and customers. Management will provide the following assistance for deaf and/or hard of hearing employees: a. All films or videotapes designed for the training or instruction of regular work force employees developed on or after October 1, 1987, shall be opened or closed captioned. To the extent practicable, existing films or videotapes devel- oped nationally that will continue to be used by deaf or hard of hearing employ- ees with some frequency, will be opened or closed captioned. b. Special telecommunications devices for the deaf will be installed in all postal installations employing deaf employees in the regular work force. Special tele- communications devices or telephone volume control devices will be installed for hard of hearing employees whenever a hard of hearing employee requests and needs such a reasonable accommodation in order to communicate by phone. These devices will be available to deaf and/or hard of hearing employ- ees for official business and in the case of personal emergencies. As appro- priate, Management will provide training to staff on the use of these special telecommunications devices. c. A visual alarm will be installed on all moving powered industrial equipment in all postal installations employing deaf employees in the regular work force or in any installation where such a reasonable accommodation is requested and necessary for a hard of hearing employee. d. Visual fire alarm will be installed in all new postal installations (installations for which the U.S. Postal Service, as of June 12, 1991, had not awarded a con- tract for the design of the building) where the Postal Service installs audible fire alarms. The parties will discuss and seek to agree at the local level about the installation in such other facilities as may be appropriate. JOINT LABOR-MANAGEMENT MEETINGS Discussion of problem areas with regard to the use of certified sign interpreters, enhancement of job opportunities for the deaf and hard of hearing, type of special telecommunications devices or volume control devices to be installed, installation of visual alarms or other systems such as tactile devices at other than new postal installations, and the availability of new technologies which may help deaf and hard of hearing employees perform a variety of tasks are appropriate matters for consideration at Joint Labor-Management meetings. Discussion of such matters at NALC-USPS Joint Contract Administration Manual-March 2022 Page 2-3 Labor-Management meetings is not a prerequisite to the filing or processing of a grievance. Page 2-4 NALC-USPS Joint Contract Administration Manual-March 2022 NALC-USPS Joint Contract Administration Manual-March 2022 Page 3-1 A rticle 3 mAnAgement rights The Employer shall have the exclusive right, subject to the provisions of this Agreement and consistent with applicable laws and regulations: A. To direct employees of the Employer in the performance of official duties; B. To hire, promote, transfer, assign, and retain employees in positions within the Postal Service and to suspend, demote, discharge, or take other disciplinary action against such employees; C. To maintain the efficiency of the operations entrusted to it; D. To determine the methods, means, and personnel by which such operations are to be conducted; E. To prescribe a uniform dress to be worn by letter carriers and other designated employees; and F. To take whatever actions may be necessary to carry out its mission in emergency situations, i.e., an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature. (The preceding Article, Article 3, shall apply to City Carrier Assistant Employees.) The Postal Service’s exclusive rights under Article 3 are basically the same as its statutory rights under the Postal Reorganization Act, 39 U.S.C. Section 1001(e). While postal management has the right to man- age the Postal Service, it must act in accordance with applicable laws, regulations, contract provisions, arbitration awards, letters of agreement, and memoranda. Consequently, many of the management rights enu- merated in Article 3 are limited by negotiated contract provisions. For example, the Postal Service’s Article 3 right to suspend, demote, dis- charge, or take other disciplinary action against employees is subject to the provisions of Articles 15 and 16. Article 3.F Emergencies. This provision gives management the right to take whatever actions may be necessary to carry out its mission in emergency situations. An emergency is defined as an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recur- ring nature. Emergencies—Local Implementation Under Article 30. Article 30.B.3 provides that a Local Memorandum of Understanding (LMOU) may include, among other items, guidelines for the curtailment or termi- nation of postal operations to conform to orders of local authorities or as local conditions warrant because of emergency conditions. Page 3-2 NALC-USPS Joint Contract Administration Manual-March 2022 NALC-USPS Joint Contract Administration Manual-March 2022 Page 4-1 A rticle 4 technologicAl AnD mechAnizAtion chAnges Both parties recognize the need for improvement of mail service. 4.1 Section 1. Advance Notice The Union will be informed as far in advance of implementation as practicable of technological or mechanization changes which affect jobs including new or changed jobs in the area of wages, hours or working conditions. When major new mechanization or equipment is to be purchased and installed, the Union at the national level will be informed as far in advance as practicable, but no less than 90 days in advance. The provisions of Articles 4.1 and 4.2 are administered and enforced by the parties at the national level. These provisions are not properly the subject of local grievances. However, local branches should immedi- ately bring to their national business agent’s attention any matters they believe are covered by these provisions. The union at the national level will be informed as far in advance as practicable, but no less than ninety days in advance, when major new mechanization or equipment is to be purchased and installed which will affect jobs. 4.2 Section 2. Labor-Management Committee There shall be established at the national level a Joint-Labor Management Technological or Mechanization Changes Committee composed of an equal number of representatives of management and Union. Notice to said Committee shall satisfy the notice requirements of the preced- ing paragraph. Upon receiving notice, said Committee shall attempt to resolve any questions as to the impact of the proposed change upon affected employees and if such questions are not resolved within a reasonable time after such change or changes are operational, the unre- solved questions may be submitted by the Union to arbitration under the grievance-arbitration procedure. Any arbitration arising under this Article will be given priority in scheduling. There shall be at the national level a Joint Labor-Management Technological and Mechanization Changes Committee composed of an equal number of union and management representatives. Any unre- solved dispute resulting from proposed changes upon affected employ- ees may be submitted by the union to arbitration. Any arbitration aris- ing under Article 4 will be given priority in scheduling. 4.3 Section 3. New Jobs Any new job or jobs created by technological or mechanization changes shall be offered to present employees capable of being trained to perform the new or changed job and the Employer will provide such training. During training, the employee will maintain his/her rate. It is understood that the training herein referred to is on the job and not to exceed sixty (60) days. Certain specialized technical jobs may require additional and off-site training. An employee whose job is eliminated, if any, and who cannot be placed in a job of equal grade shall receive rate protection until such time as that employee fails to bid or apply for a position in the employ- ee’s former wage level. The obligation hereinabove set forth shall not be construed to, in any way, abridge the right of the Employer to make such changes. Article 4.3 requires management to offer any new jobs created by tech- nological or mechanization changes to present employees capable of being trained to perform the new or changed job. National Arbitrator Snow held in H7C-NA-C 96, May 20, 1993 (C-13007) that the Postal Service had an obligation to offer newly created Remote Video Encoding Jobs to current employees. On-the-job training for any new job created by technological or mechanization changes shall not exceed sixty days. During training, the employees will maintain their pay rate. Rate Protection. Article 4.3 provides that if an employee’s job is elimi- nated due to mechanization or technological change, and if the employ- ee cannot be placed in a job of equal grade, the employee shall receive a rate protection until such time as he/she fails to bid or apply for a posi- tion in his/her former wage level. The saved grade provided for in this section is governed by the provisions of ELM Section 421.53. See also Article 9.6 which contains a general provision requiring the Postal Service to continue all the salary rate retention provisions con- tained in ELM Section 421.5. Page 4-2 NALC-USPS Joint Contract Administration Manual-March 2022 NALC-USPS NALC-USPS Joint Joint Contract Contract Administration Administration Manual Manual - - July June1998 2021 Page 1-1 Page 5-1 A rticle 5 Prohibition of U nilAterAl Action The Employer will not take any actions affecting wages, hours and other terms and conditions of employment as defined in Section 8(d) of the National Labor Relations Act which violate the terms of this Agreement or are otherwise inconsistent with its obligations under law. (The preceding Article, Article 5, shall apply to City Carrier Assistant Employees.) Prohibition on Unilateral Changes. Article 5 prohibits management from taking any unilateral action inconsistent with the terms of the existing agreement or with its obligations under law. Section 8(d) of the National Labor Relations Act prohibits an employer from making uni- lateral changes in wages, hours, or working conditions during the term of a collective bargaining agreement. In H1N-5G-C 14964, March 11, 1987 (C-06858) National Arbitrator Bernstein wrote concerning Article 5: The only purpose the Article can serve is to incorporate all the Service’s “obligations under law” into the Agreement, so as to give the Service’s legal obligations the additional status of contractual obligations as well. This incorporation has significance primarily in terms of enforcement mechanism—it enables the signatory unions to utilize the contractual vehicle of arbitration to enforce all of the Service’s legal obligations. Moreover, the specific reference to the National Labor Relations Act is persuasive evidence that the parties were especially interested in utilizing the grievance and arbitration procedure spelled out in Article 15 to enforce the Service’s NLRB commitments. Not all unilateral actions are prohibited by the language in Article 5—only those affecting wages, hours, or working conditions as defined in Section 8(d) of the National Labor Relations Act. Additionally, certain manage- ment decisions concerning the operation of the business are specifically reserved in Article 3 unless otherwise restricted by a specific contractual provision. Past Practice The following explanation represents the national parties’ general agree- ment on the subject of past practice. The explanation is not exhaustive, and is intended to provide the local parties general guidance on the sub- ject. The local parties must ensure that the facts surrounding a dispute in which past practice plays a part are surfaced and thoroughly developed so an informed decision can be made. NALC-USPS Joint Contract Administration Manual-March 2022 Article 5 may also limit the employer’s ability to take a unilateral action where a valid past practice exists. While most labor disputes can be resolved by application of the written language of the Agreement, it has long been recognized that the resolution of some disputes require the examination of the past practice of the parties. Defining Past Practice In a paper given to the National Academy of Arbitrators, Arbitrator Mittenthal described the elements required to establish a valid past practice: • First, there should be clarity and consistency. A course of conduct which is vague and ambiguous or which has been contradicted as often as it has been followed can hardly qualify as a practice. But where those in the plant invariably respond the same way to a particular set of conditions, their conduct may very well ripen into a practice. • Second, there should be longevity and repetition. A period of time has to elapse during which a consistent pattern of behavior emerges. Hence, one or two isolated instances of certain conduct do not ordinarily estab- lish a practice. Just how frequently and over how long a period some- thing must be done before it can be characterized as a practice is a mat- ter of good judgment for which no formula can be devised. • Third, there should be acceptability. The employees and supervisors alike must have knowledge of the particular conduct and must regard it as the correct and customary means of handling a situation. Such acceptability may frequently be implied from long acquiescence in a known course of conduct. Where this acquiescence does not exist, that is, where employees constantly protest a particular course of action through complaints and grievances, it is doubtful that any practice will be created. • One must consider, too, the underlying circumstance which give a practice its true dimensions. A practice is no broader than the circumstances out of which it has arisen, although its scope can always be enlarged in the day-to-day administration of the agreement. No meaningful description of a practice can be made without mention of these circumstances. For instance, a work assignment practice which develops on the afternoon and midnight shifts and which is responsive to the peculiar needs for night work cannot be automatically extended to the day shift. The point is that every practice must be carefully related to its origin and purpose. • Finally, the significance to be attributed to a practice may possibly be affected by whether or not it is supported by mutuality. Some practices are the product, either in their inception or in their application, of a joint understanding; others develop from choices made by the employ- er in the exercise of its managerial discretion without any intention of a future commitment. Page 1-1 Page 5-2 NALC-USPS Joint Contract Administration Manual-March 2022 Functions of Past Practice In the same paper, Arbitrator Mittenthal notes that there are three distinct functions of past practice: To Implement Contract Language. Contract language may not be suf- ficiently specific to resolve all issues that arise. In such cases, the past practice of the parties provides evidence of how the provision at issue should be applied. For example, Article 15, Section 2, Step 3 of the 1978 National Agreement (and successor agreements through the 2000 National Agreement) required the parties to hold Step 3 meetings. The contract language, however, did not specify where the meetings were to be held. Arbitrator Mittenthal held that in the absence of any specific control- ling contract language, the Postal Service did not violate the National Agreement by insisting that Step 3 meetings be held at locations consistent with past practice (N8-NAT-0006, July 10, 1979, C-03241). To Clarify Ambiguous Language. Past practice is used to assess the intent of the parties when the contract language is ambiguous, that is, when a contract provision could plausibly be interpreted in one of several different ways. A practice is used in such circumstances because it is an indicator of how the parties have mutually interpreted and applied the ambiguous language. For example, in a dispute concerning the meaning of an LMOU provision, evidence showing how the provision has been applied in the past provides insight into how the parties interpreted the lan- guage. If a clear past practice has developed, it is generally found that the past practice has established the meaning of the disputed provision. To Implement Separate Conditions of Employment. Past practice can establish a separate enforceable condition of employment concern- ing issues where the contract is silent. This is referred to by a variety of terms, but the one most frequently used is the silent contract. For example, a past practice of providing the local union with a file cabinet may become a binding past practice, even though there are no contract or LMOU provisions concerning the issue. Changing Past Practices The manner by which a past practice can be changed depends on its pur- pose and how it arose. Past practices that implement or clarify existing contract language are treated differently than those concerning the silent contract. Changing Past Practices that Implement or Clarify Contract Language. If a binding past practice clarifies or implements a con- tract provision, it becomes, in effect, an unwritten part of that provision. Generally, it can only be changed by changing the underlying contract language, or through bargaining. Changing Past Practices that Implement Separate Conditions of Employment. If the Postal Service seeks to change or terminate a bind- NALC-USPS Joint Contract Administration Manual-March 2022 Page 5-3 ing past practice implementing conditions of employment concerning areas where the contract is silent, Article 5 prohibits it from doing so unilater- ally without providing the union appropriate notice. Prior to making such a change unilaterally, the Postal Service must provide notice to the union and engage in good faith bargaining over the impact on the bargaining unit. If the parties are unable to agree, the union may grieve the change. Management changes in such silent contracts are generally not considered violations if 1) the company changes owners or bargaining unit, 2) the nature of the business changes, or 3) the practice is no longer efficient or economical. The first of these has rarely arisen in Postal Service cases involving its numerous bargaining units. A change in local union leadership or the arrival of a new postmaster or supervisor is not, in itself, sufficient justification to change or terminate a binding past practice, as noted in the previous paragraph. Page 5-4 NALC-USPS Joint Contract Administration Manual-March 2022 A rticle 6 N o lAyoffs or reductioN iN force (1) Each employee who is employed in the regular work force as of the date of the Award of Arbitrator James J. Healy, September 15, 1978, shall be protected henceforth against any involuntary layoff or force reduction. It is the intent of this provision to provide security to each such employee during his or her work lifetime. Members of the regular work force, as defined in Article 7 of the Agreement, include full-time regulars, part-time employees assigned to regular schedules and part-time employees assigned to flexible sched- ules. (2) Employees who become members of the regular work force after the date of this Award, September 15, 1978, shall be provided the same protection afforded under (1) above on completion of six years of continuous service and having worked in at least 20 pay periods during each of the six years. (3) With respect to employees hired into the regular work force after the date of this Award and who have not acquired the protection pro- vided under (2) above, the Employer shall have the right to effect layoffs for lack of work or for other legitimate reasons. This right may be exercised in lieu of reassigning employees under the provisions of Article 12, except as such right may be modified by agreement. Should the exercise of the Employer’s right to lay off employees require the application of the provisions of Chapter 35 of Title 5, United States Code, employees covered by that Chapter with less than three years of continuous civilian federal service will be treated as “career condi- tional” employees. The Employer’s right as established in this Section shall be effective July 20, 1979. The following terms as to the employees’ and Employer’s rights and the rules and procedures to be followed in the implementation of Article 6 are a part of the September 15, 1978 Final Resolution and shall be final and binding upon the parties: A. Coverage 6.A.1 1. Employees protected against any involuntary layoff or force reduction. Those employees who occupy full-time, part-time regular or part-time flexible positions in the regular work force (as defined in Article 7) on September 15, 1978, are protected against layoff and reduction in force during any period of employment in the regular work force with the United States Postal Service or suc- cessor organization in his or her lifetime. Such employees are referred to as “protected employees.” Other employees achieve protected status under the provisions of A.3 below. NALC-USPS Joint Contract Administration Manual-March 2022 Page 6-1 6.A.2 2. Employees subject to involuntary layoff or force reduction. Except as provided in A.1 and A.3, all employees who enter the regular work force, whether by hire, transfer, demotion, reassign- ment, reinstatement, and reemployment on or after September 16, 1978, are subject to layoff or force reduction and are referred to as “non-protected employees.” 6.A.3 3. Non-protected employees achieving protected status. (a) A non-protected employee achieves protected status upon completion of six years of continuous service in their regu- lar work force. The service requirement is computed from the first day of the pay period in which the employee enters the regular work force. To receive credit for the year, the employee must work at least one hour or receive a call-in guarantee in lieu of work in at least 20 of the 26 pay periods during that anniversary year. Absence from actual duty for any of the following 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 by Chapter 43 of Title 38, or time spent on continuation of pay, leave without pay or on OWCP rolls because of compensable injury on duty. (2) Time spent on paid annual leave or sick leave, as pro- vided for in Article 10 of the Agreement. (3) Leave without pay for performing Union business as provided for in Article 24 of the Agreement. All other unpaid leave and periods of suspension or time spent in layoff or RIF status will not be considered work. Failure to meet the 20 pay period requirement in any given anniversary year means the employee must begin a new six year continuous service period to achieve pro- tected status. (b) Temporary details outside of the regular work force in which the employee’s position of record remains in the regular work force count toward fulfilling the 20 pay periods of work requirement per year. (c) If a non-protected employee leaves the regular work force for a position outside the Postal Service and remains there more than 30 calendar days, upon return the employee begins a new service period for purposes of attaining six years continuous service. (d) If a non-protected employee leaves the regular work force and returns within two years from a position within the Postal Service the employee will receive credit for previ- ously completed full anniversary years, for purposes of attaining the six years continuous service. Page 6-2 NALC-USPS Joint Contract Administration Manual-March 2022 6.B.1 B. Preconditions for Implementation of Layoff and Reduction in Force. 1. The affected Union(s) shall be notified at the Regional level no less than 90 days in advance of any layoff or reduction in force that an excess of employees exists or will exist at an installation and that a layoff and reduction in force may be necessary. The Employer will explain to the Union(s) the basis for its conclusion that legitimate business reasons require the excessing and pos- sible separation of employees. 6.B.2 2. No employee shall be reassigned under this Article or laid off or reduced in force unless and until that employee has been notified at least 60 days in advance that he or she may be affected by one or the other of these actions. 6.B.3 3. The maximum number of excess employees within an installa- tion shall be determined by seniority unit within each category of employees (full-time, part-time regular, part-time flexible). This number determined by the Employer will be given to the Union(s) at the time of the 90-day notice. 6.B.4 4. Before implementation of reassignment under this Article or, if necessary, layoff and reduction in force of excess employees within the installation, the Employer will, to the fullest extent possible, separate all casuals within the craft and minimize the amount of overtime work and part-time flexible hours in the positions or group of positions covered by the seniority unit as defined in this Agreement or as agreed to by the parties. In addi- tion, the Employer shall solicit volunteers from among employ- ees in the same craft within the installation to terminate their employment with the Employer. Employees who elect to terminate their employment will receive a lump sum severance payment in the amount provided by Part 435 of the Employee and Labor Relations Manual, will receive benefit coverage to the extent provided by such Manual, and, if eligible, will be given the early retirement benefits provided by Section 8336(d)(2) of Title 5, United States Code and the regula- tions implementing that statute. 6.B.5 5. No less than 20 days prior to effecting a layoff, the Employer will post a list of all vacancies in other seniority units and crafts at the same or lower level which exist within the installation and within the commuting area of the losing installation. Employees in an affected seniority unit may, within 10 days after the posting, request a reassignment under this Article to a posted vacancy. Qualified employees will be assigned to such vacan- cies on the basis of seniority. If a senior non-preference eligible employee within the seniority unit indicates no interest in avail- able reassignment, then such employee becomes exposed to layoff. A preference eligible employee within the seniority unit shall be required to accept such a reassignment to a vacancy in the same level at the installation, or, if none exists at the instal- lation, to a vacancy in the same level at an installation within the commuting area of the losing installation. NALC-USPS Joint Contract Administration Manual-March 2022 Page 6-3 If the reassignment is to a different craft, the employee’s senior- ity in the new craft shall be established in accordance with the applicable seniority provisions of the new craft. C. Layoff and Reduction in Force 6.C.1 1. Definition. The term “layoff” as used herein refers to the separa- tion of non-protected, non-preference eligible employees in the regular work force because of lack of work or other legitimate, non- disciplinary reasons. The term “reduction in force” as used herein refers to the separation or reduction in the grade of a non-protected veterans’ preference eligible in the regular work force because of lack of work or other legitimate non-disciplinary reasons. 6.C.2 2. Order of layoff. If an excess of employees exists at an installa- tion after satisfaction of the preconditions set forth in (B) above, the Employer may lay off employees within their respective seniority units as defined in the Agreement. 6.C.3 3. Seniority units for purposes of layoff. Seniority units within the categories of full-time regular, part-time regular, and part- time flexible, will consist of all non-protected persons at a given level within an established craft at an installation unless the parties agree otherwise. It is the intent to provide the broadest possible unit consistent with the equities of senior non-protected employees and with the efficient operation of the installation. 6.C.4 4. Union representation. Chief stewards and union stewards whose responsibilities bear a direct relationship to the effective and efficient representation of bargaining unit employees shall be placed at the top of the seniority unit roster in the order of their relative craft seniority for the purposes of layoff, reduction in force, and recall. 6.C.5 5. Reduction in force. If an excess of employees exists at an installation after satisfaction of the preconditions set forth in (B) above and after the layoff procedure has been applied, the Employer may implement a reduction in force as defined above. Such reduction will be conducted in accordance with statutory and regulatory requirements that prevail at the time the force reduction is effected. Should applicable law and regulations require that other non-protected, non-preference eligible employ- ees from other seniority units be laid off prior to reduction in force, such employees will be laid off in inverse order of their craft seniority in the seniority unit. In determining competitive levels and competitive areas applica- ble in a force reduction, the Employer will submit its proposal to the Union(s) at least 30 days prior to the reduction. The Union(s) will be afforded a full opportunity to make suggested revisions in the proposal. However, the Employer, having the primary responsibility for compliance with the statute and regulations, reserves the right to make the final decision with respect to com- petitive levels and competitive areas. In making its decision with respect to competitive levels and competitive areas the Employer shall give no greater retention security to preference eligibles than to non-preference eligibles except as may be required by law. Page 6-4 NALC-USPS Joint Contract Administration Manual-March 2022 D. Recall Rights 6.D.1 1. Employees who are laid off or reduced in force shall be placed on recall lists within their seniority units and shall be entitled to remain on such lists for two years. Such employees shall keep the Employer informed of their current address. Employees on the lists shall be notified in order of craft seniority within the seniority unit of all vacant assignments in the same category and level from which they were laid off or reduced in force. Preference eligibles will be accorded no recall rights greater than non-preference eligibles except as required by law. Notice of vacant assignments shall be given by certified mail, return receipt requested, and a copy of such notice shall be furnished to the local union president. An employee so notified must acknowledge receipt of the notice and advise the Employer of his or her intentions within 5 days after receipt of the notice. If the employee accepts the position offered he or she must report for work within 2 weeks after receipt of notice. If the employee fails to reply to the notice within 5 days after the notice is received or delivery cannot be accomplished, the Employer shall offer the vacancy to the next employee on the list. If an employee declines the offer of a vacant assignment in his or her seniority unit or does not have a satisfactory reason for failure to reply to a notice, the employee shall be removed from the recall list. 6.D.2 2. An employee reassigned from a losing installation pursuant to B.5 above and who has retreat rights shall be entitled under this Article to exercise those retreat rights before a vacancy is offered to an employee on the recall list who is junior to the reassigned employee in craft seniority. 6.E E. Protective Benefits 1. Severance pay. Employees who are separated because of a layoff or reduction in force shall be entitled to severance pay in accordance with Part 435 of the Employee and Labor Relations Manual. 2. Health and Life Insurance Coverage. Employees who are separated because of a layoff or a reduction in force shall be entitled to the health insurance and life insurance coverage and to the conversion rights provided for in the Employee and Labor Relations Manual. 6.F F. Union Representation Rights 1. The interpretation and application of the provisions of this Award shall be grievable under Article 15. Any such grievance may be introduced at Step B and shall be subject to priority arbitration. 2. The Employer shall provide to the affected Union(s) a quarterly report on all reassignments, layoff and reductions in force made under this Article. 3. Preference eligibles are not deprived of whatever rights of appeal such employees may have under applicable laws and regula- tions. If the employee appeals under the Veterans’ Preference Act, however, the time limits for appeal to arbitration and the normal contractual arbitration scheduling procedures are not to NALC-USPS Joint Contract Administration Manual-March 2022 Page 6-5 Page 6-6 NALC-USPS Joint Contract Administration Manual-March 2022 be delayed as a consequence of that appeal; if there is an MSPB appeal pending as of the date the arbitration is scheduled by the parties, the grievant waives access to the grievance-arbitration procedure beyond Step B. 6.G G. Intent The Employer shall not lay off, reduce in force, or take any other action against a non-protected employee solely to prevent the attain- ment of that employee of protection status. (Additional no layoffs or reduction in force provisions regarding City Carrier Assistant Employees are found in Appendix B.) Background. Article 6 was created in its current form by Arbitrator Healy’s interest arbitration awards that decided the terms of the 1978-1981 National Agreement. An initial award of September 14, 1978 established the basic right of Postal Service management to lay off certain employees under certain specific conditions. The second award, issued February 26, 1979, set forth the details of the current Article 6. Lifetime Protection for Employees On Rolls in 1978. Article 6 provides lifetime protection against layoff for employees who were in the regular workforce on September 15, 1978. Employees with lifetime protection against layoff are referred to as protected employees. Lifetime protection is not lost by those employees on the rolls on September 15, 1978 who later leave the Postal Service and then are rehired after any break in service or who transfer from one office to another. Non-protected employees are defined as those who enter the regular workforce whether by hire, transfer, demotion, reassignment, reinstate- ment, or re-employment on or after September 16, 1978. They are subject to layoff or reduction in force—until they achieve protected status. Layoff Protection After Six Years. Non-protected employees achieve pro- tected status upon completion of six years of continuous service in the regular workforce, which includes all part-time flexible, full-time flexible, full-time regular and part-time regular carriers. To receive credit, such employees must work at least one hour or receive a call-in guarantee (Article 8.8) in lieu of work in at least 20 of the 26 pay periods during each of the six consecutive anniversary years. The anniversary year begins on the first day of the pay period in which the employee enters the regular work force. Details of Service Requirement. For the purpose of the six-year require- ment, absence from work for any of the following reasons is considered to be work: (1) To the extent required by law: (a) court leave, (b) certain time spent in military service covered Chapter 43 of Title 38, or (c) time spent on con- tinuation of pay (COP), leave without pay (LWOP), or on the OWCP rolls because of compensable injury on duty (Article 6.A.3(a)(1)); (2) Time spent on paid annual or sick leave (Article 6.A.3(a)(2)); (3) Time spent on leave without pay (LWOP) for performing union business as provided for in Article 24 of the Agreement (Article 6.A.3(a)(3)); and (4) Temporary details outside the regular workforce in which the employee’s position of record remains in the regular force (Article 6.A.3(b)). The parties do not currently agree upon the extent to which time spent on other leave without pay covered by the Family Medical Leave Act (FMLA) is considered work for the purpose of the six-year requirement. The period of continuous service is broken when a non-protected employee leaves the regular workforce for a position outside the Postal Service and fails to return within thirty calendar days, or when such an employee leaves the regular workforce for a position within the Postal Service and fails to return within two years (Article 6.A.3(c), (d)). Layoff and Reduction in Force. Article 6 defines layoff as the separation of non-protected, non-preference eligible employees in the regular work- force because of lack of work or other legitimate, non-disciplinary rea- sons. Reduction in force refers to the separation or reduction in the grade of a non-protected veterans’ preference eligible in the regular workforce because of lack of work or other legitimate, non-disciplinary reasons (See Preference Eligible Carriers). Procedural Protections. Article 6 provides certain procedural protections. For instance, management may not implement a layoff or reduction in force without at least ninety days notification to the union, sixty days notification of layoff to the affected employee, and posting of any available vacancies no less than twenty days prior to layoff. Grievances regarding Article 6 may be introduced at Step B and are subject to priority arbitration. Article 6 Untested. As of this writing postal management has never used layoff or reduction in force procedures to separate a letter carrier. So these provisions have not been interpreted in the grievance procedure or in arbi- tration. City Carrier Assistant Employees. Appendix B, 3. Other Provisions, Section A—Article 6 of the 2019 National Agreement indicates the effect of city carrier assistant employment on the layoff of career employees. APPENDIX B Appendix B is the reprinting of Section I of the 2013 Das Award, the creation of a new non-career employee category. Provisions of the Das Award that were modified in the 2019 National Agreement are indicated in bold. Those provisions that are reflected in another part of the National Agreement or Joint Contract Administration Manual are not reprinted herein. NALC-USPS Joint Contract Administration Manual-March 2022 Page 6-7 3. OTHER PROVISIONS A. Article 6 – No Layoffs or Reduction in Force Prior to laying off career city letter carriers in an installation, man- agement will, to the extent possible, offer the impacted employee the opportunity to work any letter carrier assignments being performed by CCA employees, or if necessary, separate CCA employees. There will be no out-of-schedule pay provided to the impacted employees. Preference Eligible Carriers. It should be noted that preference eli- gible letter carriers have special rights under the Veterans’ Preference Act regarding separation or reduction in grade. (Federal law defines a pref- erence eligible veteran at Title 5 United States Code Section 2108; see EL-312, Section 483.) Preference eligible employees may have different or greater rights under the law than those set forth in Article 6. A preference eligible employee may file both a grievance and an MSPB appeal on a separation or reduction in grade. However, Article 6 provides that a preference eligible employee who exercises appeal rights under the Veterans’ Preference Act thereby waives access to the grievance procedure beyond Step B when there is an MSPB appeal pending as of the date the grievance is scheduled for arbitration by the parties. The date of the arbi- tration scheduling letter is considered the date the arbitration is scheduled by the parties for the purposes of Article 6.F.3 (See Article 16.9 for further explanation of dual filings). Page 6-8 NALC-USPS Joint Contract Administration Manual-March 2022 NALC-USPS NALC-USPS Joint Joint Contract Contract Administration Administration Manual Manual -- July September 2021 2000 Page 1-1 A rticle 7 employee clAssificAtions Article 7.1 establishes the employee classifications within the letter car- rier craft. It also contains provisions establishing limits on the work hours of non-career city carrier assistant and transitional employees in order to protect career employment and the work hours of career employees. 7.1.A Section 1. Definition and Use A. Regular Work Force. The regular work force shall be comprised of two categories of employees which are as follows: 1. Full-Time. Employees in this category shall be hired pursuant to such procedures as the Employer may establish and shall be assigned to regular schedules consisting of five (5) eight (8) hour days in a service week. 2. Part-Time. Employees in this category shall be hired pursuant to such procedures as the Employer may establish and shall be assigned to regular schedules of less than forty (40) hours in a service week, or shall be available to work flexible hours as assigned by the Employer during the course of a service week. Job Classifications. Article 7.1.A defines the three basic classifications of career letter carriers: (1) full-time with a guaranteed weekly schedule consisting of five eight-hour days in a service week; (2) part-time regu- lars, who have regular schedules of less than 40 hours; and (3) part-time flexibles, who have flexible work hours rather than a fixed schedule and have no weekly work hour guarantees. Full-time flexible employees are also career letter carriers and part of the regular workforce. The city carrier assistant workforce is defined separately by Article 7.1.C. Part-Time Regulars. The Step 4 Settlement D94N-4D-C 98031046, August 12, 1998 (M-01337), provides that: Part-time regulars are regular work force employees who are assigned to work regular schedules of less than 40 hours in a service week. Part- time regular schedules should not be altered on a day-to-day or week- to-week basis. Part-time regulars are normally to be worked within the schedules for which they are hired. They can occasionally be required to work beyond their scheduled hours of duty. However, their work hours should not be extended on a regular or frequent basis. It was also agreed that part-time employees who are expected to be available to work flexible hours as assigned during the course of a ser- vice week should be classified as part-time flexibles. Page 7-1 NALC-USPS Joint Contract Administration Manual-March 2022 MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO Re: Part-Time Regular City Letter Carriers During the term of the 2019 National Agreement, the number of part-time regular city letter carriers employed by the Postal Service may not exceed 682, unless additional part- time regular letter carriers are authorized by mutual agreement of the national parties. The Memorandum of Understanding, Re: Part-Time Regular City Letter Carriers, establishes a national cap of 682 on the total number of city let- ter carrier part-time regular employees that may be employed by the Postal Service, unless additional part-time regular letter carriers are authorized by mutual agreement of the national parties. Part-time regulars may request reassignment to full-time residual vacan- cies under the Memorandum of Understanding, Re: Full-time Regular Opportunities - City Letter Carrier Craft, and are considered in the same manner as transfer/reassignment requests from full-time city letter carriers. While there is no prohibition against a CCA requesting a part-time regular vacancy, the Postal Service is under no obligation to offer or place a CCA into such vacancy. 7.1.C C. City Carrier Assistant Employees (CCAs) The city carrier assistant work force shall be comprised of noncareer, bargaining unit employees, as follows: 1. City carrier assistants may perform the full range of letter carrier duties. The number of city carrier assistants who may be employed in any reporting period shall not exceed 15% of the total number of full-time career city carriers in that District. 2. In order to meet the fundamental changes in the business environment, including, but not limited to flexible windows which may be necessary to develop and provide new prod- ucts and services, the Employer has the right to hire up to 8,000 CCAs in addition to those authorized in paragraph 1, above. The number of such city carrier assistants who may be employed in any reporting period shall not exceed 8% of the total number of full-time career city carriers in that District. CCAs hired under this Section will be so designated on their PS Form 50. District 15 Percent Limit on City Carrier Assistant Employees. Article 7.1.C.1 restricts the number of city carrier assistant employees employed district-wide in the city carrier craft to 15% of the total num- ber of full-time career city carriers in that District. Page 7-2 NALC-USPS Joint Contract Administration Manual-March 2022 NALC-USPS Joint Contract Administration Manual-March 2022 Page 7-3 The Memorandum of Understanding Re: Sunday Delivery – City Carrier Assistant staffing authorizes the Postal Service to exceed the hir- ing cap in Article 7.1.C in each District. The continued employment of any CCAs that would exceed the greater of six percent over the Article 7.1.C.1 cap, or one CCA for every 275 Sunday packages delivered in that District by city letter carriers, will require the mutual agreement of the national parties. The number of packages in each District will be calculated as an average over a continuous period of time. The parties will meet to determine the time period used and to discuss when and how the time period will be updated. Article 7.1.C.2 provides the Postal Service the right to hire up to 8,000 additional CCAs to meet fundamental changes in the business environment. Within that 8,000 CCA cap, the number of CCAs cannot exceed 8% of the total number of full-time career city carriers in a District. CCAs hired under this Section will be designated as such on their PS Form 50. • CCA caps will be monitored at the national level. The Postal Service will provide the national union with a report every other pay period that lists, by District, the number and type of CCAs (Article 7.1.C.1 and 7.1.C.2) and the number of full-time regular city letter carriers. Any dispute over compliance with the CCA caps will be addressed at the national level. • In determining CCA caps, the number of CCAs is not rounded for percentage purposes. Under Article 7.1.C.1 of the 2019 USPS/NALC National Agreement and the MOU Re: Sunday Delivery – City Carrier Assistant staffing, the number of CCAs permitted to be employed in each District shall not exceed the amount explained on page 7-3. • CCAs employed under Article 7.1.C.2 are not limited to sites direct- ly affected by fundamental changes in the business environment. However, the number of this type of CCA that may be employed is limited to 8,000 nationwide and can be no more than 8% of the number of full-time career city letter carriers in a District. • CCA occupational codes are as follows: CCAs employed under Article 7.1.C.1 of the National Agreement are either 2310-0045 (City Carrier Assistant 1, CC-01) or 2310-0047 (City Carrier Assistant Tech 1, CC-02). CCAs employed under Article 7.1.C.2 of the National Agreement are either 2310-0046 (City Carrier Assistant 2, CC-01) or 2310-0048 (City Carrier Assistant Tech 2, CC-02). The designation activity code for all city carrier assistants is 84-4. • CCAs may not hold dual appointments. • Transitional employees who were on the rolls or on their five- day break on the effective date of the 2011 National Agreement (1/10/13) are paid at the higher hourly payrate in Step BB and AA if hired to a CCA position. • If a former transitional employee was deployed to active duty in the military during the period of testing, he/she will have the opportuni- ty to be hired as a CCA upon return from active duty consistent with applicable laws and regulations. • Reinstatement-eligible former career employees and veterans eli- gible for direct career appointment under VRA or because of their 30 percent or higher disability status are eligible for noncompetitive consideration for CCA employment. • The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) applies to CCAs. • CCAs will be assigned a Postal Service Employee Identification Number (EIN) and Personal Identification Number (PIN). • Newly hired CCAs in Districts that use the carrier academy program will attend the training. 7.1.C.3 3. City carrier assistants shall be hired pursuant to such proce- dures as the Employer may establish. City carrier assistants shall be hired for terms of 360 calendar days and will have a break in service of 5 days between appointments. The five-day break between CCA 360-day appointments refers to five calendar (not work) days. A CCA employed under Article 7.1.C.1 or Article 7.1.C.2 may not be appointed to a term of less than 360 days. A CCA is not required to go through the normal pre-employment screening process (i.e. drug screen, background check, medical assess- ment, motor vehicle record check, etc.) when being reappointed as a CCA immediately after a five-day break. 7.1.C.4 4. Over the course of a service week, the Employer will make every effort to ensure that qualified and available part-time flexible employees are utilized at the straight-time rate prior to assigning such work to CCAs working in the same work location and on the same tour, provided that the reporting guarantee for CCA employees is met. The issue of temporary assignments of CCAs to other post offices (installations) is addressed by the Memorandum of Understanding, Re: City Carrier Assistants – Temporary Assignments to Other Post Offices. Page 7-4 NALC-USPS Joint Contract Administration Manual-March 2022 MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO Re: City Carrier Assistants - Temporary Assignments to Other Post Offices The parties agree to the following regarding the temporary assignment of city carrier assistants (CCAs) outside their employing post office (installation) to another post office (installation): 1. CCAs will normally work in their employing post office but may be assigned to work in another post office in the local travel area (Handbook F-15, Section 7-1.1.1.1) within the same district on an occasional basis (the assignment may be for a partial day or several consecutive days, depending on local circumstances). Sunday CCA work assignments are not subject to the occasional basis limitation. 2. Temporary assignments must otherwise be consistent with the National Agreement (e.g. assigning CCAs to work outside their employing office may not violate Article 7.1.C.4 in the temporary office or the letter carrier paragraph in the employing office). 3. Management will schedule CCAs to work in other post offices in advance of the reporting date whenever practicable. 4. When the need arises to temporarily assign CCAs outside their employing post office, management will, to the extent practicable, use volunteer CCAs from the delivery unit providing assistance as long as the volunteers will be in a similar pay status (e.g straight-time rate, regular overtime rate, penalty overtime rate). If suf- ficient volunteers are not found, CCAs from the delivery unit providing assistance will be temporarily assigned to the other installation in reverse relative standing order whenever practicable as long as the junior CCAs are in a similar pay status. 5. CCAs who are required or volunteer to work outside their employing office may receive payment for mileage for the difference between their residence and employing office provided the difference is greater (Handbook F-15, Section 7-1.1.1.2.d). The procedures outlined above are effective on December 7, 2013; however, either party may terminate this agreement by providing 30 days written notice to the other party. This agreement is reached without prejudice to the position of either party in this or any other matter and may only be cited to enforce its terms. Date: December 5, 2013 CCAs may be permanently reassigned from one post office (installation) to another during their appointment provided the employee’s current appointment is being voluntarily terminated. To avoid a break in service a permanent reassignment to a different installation must be effected on the first day of a pay period. There is no lock-in period a CCA must satisfy before becoming eligible to reassign to another installation. Eligibility to move between installations is generally intended to address situations where an individual CCA would like to be reassigned to another installation for personal reasons and there is an agreement between the losing and gaining installation heads. NALC-USPS Joint Contract Administration Manual-March 2022 Page 7-5 2019-2023 National Agreement Appendix B and associ- ated Memorandums of Understanding that are part of Appendix B APPENDIX B Appendix B is the reprinting of Section I of the 2013 Das Award, the creation of a new non-career employee category. Provisions of the Das Award that were modified in the 2019 National Agreement are indicated in bold. Those provisions that are reflected in another part of the National Agreement or Joint Contract Administration Manual are not reprinted herein. I. NON-CAREER COMPLEMENT The parties shall establish a new job classification called City Carrier Assistant (CCA). 1. GENERAL PRINCIPLES a. The CCA work force is comprised of noncareer, city letter carrier bargaining unit employees. b. CCA employees shall be hired for terms of 360 calendar days and will have a break in service of 5 days between appointments. c. The provisions for determining the number of CCA employees that may be employed are found in Article 7.1.C. d. The Postal Service shall provide a report every other pay period with information needed to monitor compliance with the above provision. e. The hourly rate for CCA employees shall be established in accor- dance with the City Carrier Assistant Schedule, Table Three. The parties may mutually agree to increase the CCA pay rates should they determine it necessary for the recruitment or retention of CCAs. Adjustments to salary shall be in accordance with Article 9.7. f. When hired, a CCA’s relative standing in an installation is deter- mined by his/her original CCA appointment date to the instal- lation, using Article 41.2.B.6.(a) where applicable, and adding the time served as a city letter carrier transitional employee for appointments made after September 29, 2007 in any installation. g. When the Postal Service hires new city letter carrier career employees, CCA employees within the installation will be con- verted to full-time regular career status to fill such vacancies based on their relative standing. A CCA who does not accept the career opportunity will not lose his/her relative standing for future career opportunities. h. CCA employees may be separated at any time during their term of appointment for lack of work. Separations for lack of work shall Page 7-6 NALC-USPS Joint Contract Administration Manual-March 2022 be by inverse relative standing in the installation. Such separa- tions are not grievable except where the separations are pretextual. CCAs separated for lack of work will be given preference for reap- pointment ahead of other CCAs with less relative standing in the installation if the need for hiring arises within 18 months of their separation. i. CCA employees are separated for 5 days between appointments. When operational circumstances indicate that reappointment for a CCA(s) is not needed and the installation employs a CCA(s) with lower relative standing, the CCA(s) will be reappointed and the CCA(s) with the lower standing in the installation will be sepa- rated instead. Such separation of a CCA(s) with the lowest relative standing is not grievable except where the separation is pretextual. These CCAs separated for lack of work during or upon completion of their term of appointment will be given a preference for reap- pointment ahead of other CCAs with less relative standing in the installation provided the need for hiring arises within 18 months of separation. j. RESERVED k. As Part-time Flexible (PTF) employees are converted to full-time in accordance with existing contractual processes, the PTF clas- sification shall be phased out. There shall be no new hiring of PTF employees, unless expressly authorized under the 2019 National Agreement or otherwise mutually agreed to by the parties. l. CCA is the only noncareer category in the NALC bargaining unit. m. RESERVED 2. RESERVED 3. OTHER PROVISIONS A. Article 6 - No Layoffs or Reduction in Force Prior to laying off career city letter carriers in an installation, man- agement will, to the extent possible, offer the impacted employee the opportunity to work any letter carrier assignments being performed by CCA employees, or if necessary, separate CCA employees. There will be no out-of-schedule pay provided to the impacted employees. B. Article 10 - Leave GENERAL 1. Purpose. Annual leave is provided to CCA employees for rest, recreation, emergency purposes, and illness or injury. a. Accrual of Annual Leave. CCA employees earn annual leave based on the number of hours in which they are in a pay sta- tus in each pay period. NALC-USPS Joint Contract Administration Manual-March 2022 Page 7-7 b. Biweekly Crediting. Annual leave accrues and is credited in whole hours at the end of each biweekly pay period. c. Payment For Accumulated Annual Leave. A separating CCA employee may receive a lump-sum payment for accumulated annual leave subject to the following condition: A CCA employee whose separation is effective before the last Friday of a pay period does not receive credit or terminal leave payment for the leave that would have accrued during that pay period. AUTHORIZING ANNUAL LEAVE 1. General. Except for emergencies, annual leave for CCA employees must be requested on Form 3971 and approved in advance by the appropriate supervisor. 2. Emergencies and Illness or Injury. An exception to the advance approval requirement is made for emergencies and illness or inju- ry; however, in these situations, the CCA employee must notify appropriate postal authorities as soon as possible as to the emer- gency or illness/injury and the expected duration of the absence. As soon as possible after return to duty, CCA employees must sub- mit Form 3971 and explain the reason for the emergency or illness/ injury to their supervisor. Supervisors approve or disapprove the leave request. When the request is disapproved, the absence may be recorded as AWOL at the discretion of the supervisor as out- lined in Item 2, Approval/ Disapproval, under Form 3971 below. UNSCHEDULED ABSENCE 1. Definition. Unscheduled absences are any absences from work that are not requested and approved in advance. 2. CCA Employee Responsibilities. CCA employees are expected to maintain their assigned schedule and must make every effort to avoid unscheduled absences. In addition, CCA employees must provide acceptable evidence for absences when required. Page 7-8 NALC-USPS Joint Contract Administration Manual-March 2022 Rate of Accrual Hours in Pay Status Hours of Annual Leave Earned Per Pay Period 1 hour for each unit of 20 hours in pay status in each pay period 20 1 40 2 60 3 80 4 (max.) FORM 3971, REQUEST FOR, OR NOTIFICATION OF, ABSENCE 1. Purpose. Application for annual leave is made in writing, in dupli- cate, on Form 3971, Request for, or Notification of, Absence. 2. Approval/Disapproval. The supervisor is responsible for approv- ing or disapproving application for annual leave by signing Form 3971, a copy of which is given to the CCA employee. If a super- visor does not approve an application for leave, the disapproved block on Form 3971 is checked and the reasons given in writing in the space provided. When a request is disapproved, the reasons for disapproval must be noted. AWOL determinations must be similarly noted. C. Article 12 - Reassignment In order to minimize the impact on employees in the regular work force, the Employer agrees to offer the impacted employee the opportunity to work any letter carrier duty assignments performed by CCA employees, or to separate, to the extent possible, CCA employees working in the city carrier craft and installation prior to excessing any regular city let- ter carrier out of the installation. D. Article 15 - Grievance Procedure CCA employees will have access to the grievance procedure for those provisions that apply to CCA employees. E. Article 16 - Discipline Procedure CCAs may be separated for lack of work at any time before the end of their term. Separations for lack of work shall be by inverse relative standing in the installation. Such separation of the CCA(s) with the low- est relative standing is not grievable except where it is alleged that the separation is pretextual. CCAs separated for lack of work before the end of their term will be given preference for reappointment ahead of other CCAs with less relative standing in the installation, provided the need for hiring arises within 18 months of their separation. CCAs may be disciplined or removed within the term of their appoint- ment for just cause and any such discipline or removal will be subject to the grievance arbitration procedure, provided that within the imme- diately preceding six months, the employee has completed ninety (90) work days, or has been employed for 120 calendar days (whichever comes first) of their initial appointment. A CCA who has previously satisfied the 90/120 day requirement either as a CCA or transitional employee (with an appointment made after September 29, 2007), will have access to the grievance procedure without regard to his/her length of service as a CCA. Further, while in any such grievance the concept of progressive discipline will not apply, discipline should be corrective in nature, rather than punitive. CCAs may be immediately placed in an off-duty status under the cir- cumstances covered by Article 16.7. If the CCA completed the requisite period and has access to the grievance procedure pursuant to the previ- NALC-USPS Joint Contract Administration Manual-March 2022 Page 7-9 ous paragraph, the requirements regarding notice, justification and the employee’s ability to protest such action are the same as that for career employees under Article 16.7. In the case of removal for cause within the term of an appointment, a CCA shall be entitled to advance written notice of the charges against him/her in accordance with the provisions of Article 16 of the National Agreement. Removal actions, subject to the thirty day notification period in Article 16.5 of the National Agreement, will be deferred until after the Step B decision has been rendered, or fourteen days after the appeal is received at Step B, whichever comes first, except for those removals involving allegations of crime, violence or intoxication or cases where retaining the employee on duty may result in damage to postal property, loss of mails, or funds, or where the employee may be injurious to self or others. This requirement cannot extend a 360-day appointment period. F. Article 21 - Health Insurance After an initial appointment for a 360-day term and upon reappointment to another 360-day term, any eligible noncareer CCA employee who wants to pay health premiums to participate in the Federal Employees Health Benefits (FEHB) Program on a pre-tax basis will be required to make an election to do so in accordance with applicable procedures. A previ- ous appointment as a transitional employee will count toward qualifying for participation in FEHB, in accordance with the Office of Personnel Management (OPM) regulations. The total cost of health insurance is the responsibility of the noncareer CCA employee except as provided below. The Postal Service will make a bi-weekly contribution to the total pre- mium for any CCA employee who wishes to participate in the USPS Noncareer Health Care Plan (USPS Plan) self-only option equal to the greater of (a) $125, or (b) the minimum required by the Patient Protection and Affordable Care Act, and applicable regulations. The Postal Service will make a bi-weekly contribution equal to 65% of the total premium for any CCA employee who wishes to participate in the USPS Noncareer Health Care Plan (USPS Plan) for either self plus one or family coverage during a CCA’s initial year of CCA employment. After a CCA’s first year of employment, the Postal Service will make a bi-weekly contribution equal to 75% of the total premium for either self plus one or family coverage. Any CCA employee wishing to make their health care contribution on a pre-tax basis will be required to make an election to do so in accordance with applicable procedures. All CCA employees will be eligible for the USPS Plan within a reasonable period from the date of hire and entry into a pay status, consistent with the requirements estab- lished under the Patient Protection and Affordable Care Act. Effective Plan Year 2022, the Postal Service will make a bi-weekly contribution equal to 75% of the total premium for any CCA employee who wishes to participate in the USPS Plan for self, self plus one, or family coverage, regardless of year of employment. The Postal Service shall continue to provide the USPS Plan with self- only, self plus one, and family options for the duration of this Agreement. Page 7-10 NALC-USPS Joint Contract Administration Manual-March 2022 G. Retirement Savings Plan If the NALC establishes a 401k retirement savings plan for CCA employees, the Postal Service agrees to implement the necessary steps for payroll deductions for this plan. MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO Re: City Carrier Assistant Opportunities In order to provide the potential for career opportunities to city carrier assistants outside their employing installation, a joint Task Force will be established to explore ways to expand opportunities for career city carrier positions within the district. The Task Force will also address the circumstance of city carrier assistants working in small offices where there is no clear path to a career opportunity. The Task Force will consist of two members appointed by the NALC and two members appointed by the Postal Service. The Task Force shall convene within 15 days of this agreement and will function for a period of one year, unless extended by mutual extent. The Task Force will provide reports and recommendations to the NALC President and the Vice President, Labor Relations, or their designees on a quarterly basis. MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO Re: City Carrier Assistant (CCA) Annual Leave Article 30 of the National Agreement and Local Memorandum of Understanding (LMOU) provisions do not apply to city carrier assistant employees, except as follows: In any office that does not have provisions in its current LMOU regarding annual leave selection for CCAs, the parties agree that, during the 2021 local implementation period, the local parties will, consistent with the needs of employees and the needs of management, include provisions into the LMOU to permit city carrier assistant employees to be granted annual leave selections during the choice vacation period and for inciden- tal leave. Granting leave under such provisions must be contingent upon the employee having a sufficient leave balance when the leave is taken. In the event a proposal(s) on this subject is appealed through the Article 30 impasse procedure, prior to a request for arbitration, such dispute(s) will be referred to an Alternate Dispute Resolution (ADR) team estab- lished by the national parties. The expectation is that the ADR team NALC-USPS Joint Contract Administration Manual-March 2022 Page 7-11 will reach an agreement that will allow city carrier assistants to plan for leave use while accounting for city carrier assistant absences, including during scheduled five day service breaks. Any office that currently has provisions in its LMOU regarding annual leave selection for CCAs will continue such provisions, unless modified during the upcoming local implementation period. Any impasses that arise under this paragraph will be processed in accordance with Article 30 of the National Agreement. MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE NATIONAL ASSOCIATION OF LETTER CARRIERS UNION, AFL-CIO Re: Additional Resources - Holiday Carrier Assistant The Postal Service may employ holiday carrier assistants during the four week December period as operationally necessary, effective December 2014. Holiday carrier assistants are subject to the following: • The hourly rate will be the same as that for City Carrier Assistants. • Over the course of a service week, the Employer will make every effort to ensure that available city carrier assistants are utilized at the straight-time rate prior to assigning such work to holiday carrier assistants working in the same work location. • When an opportunity exists for overtime full-time employees on the appropriate Overtime Desired List will be selected to perform such work prior to assigning holiday carrier assis- tants to work overtime in the same work location where the employees regularly work. The Postal Service shall provide the NALC with reports on the number of holiday carrier assistants hired. MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO Re: Article 12.1 - Probationary Period City carrier assistants (CCAs) who are converted to career status during an appointment as a CCA or directly after a five-day break in service will not serve a probationary period as a career employee, provided the employee has successfully served a 360-day appointment as a CCA Page 7-12 NALC-USPS Joint Contract Administration Manual-March 2022 and such career appointment directly follows a city carrier assistant appointment. QUESTIONS AND ANSWERS 1. How is the Article 7.3.A ratio of full-time regular city letter carriers per route determined? Response: The ratio is determined based on the number of full-time city letter carrier routes nationwide. 2. When there is an opportunity for conversion to career status in an installation and that installation has both part-time flexible and CCA employees available for conversion, who is converted? Response: The part-time flexible employees would be converted to full-time regular prior to conversion of the CCAs. 7.2.A Section 2. Employment and Work Assignments A. Normally, work in different crafts, occupational groups or levels will not be combined into one job. However, to provide maximum full-time employment and provide necessary flexibility, management may establish full-time schedule assignments by includin