Agreement between the
The Frank McClenny Branch 736
MEMORANDUM OF UNDERSTANDING
between The
This Memorandum
of Understanding entered into on
IN WITNESS Thereof:
UNITED STATES POSTAL SERVICE and NATIONAL ASSOCIATION OF LETTER CARRIERS
------------------------------------------------
-----------------------------------------------
/Kieth W. Parkins,/Postmaster,
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TABLE OF CONTENTS -----------------
Hours of Work -
Article VIII .......................................
Page 2
Annual Leave -
Article X .............................................
Page 3
Holidays -
Article XI
.................................................... Page 6
Light Duty
Assignments - Article XIII .........................
Page 7
Safety and Health
- Article XIV ................................... Page
7
Discipline
Procedure - Article XVI ..............................
Page 8
Representation -
Article XVII .................
.....................Page 8
Schedule for
Wearing Uniforms - Article XXIX ..........Page 9
Seniority - Article XLI
................................................ Page 9
ARTICLE VIII HOURS OF WORK
Section
1.
All regular carriers
served by a utility carrier shall operate on a rotating schedule. When
assignments not currently served by a utility carrier are vacated by the
present carrier and posted for bidding, the successful bidder shall have the
option of accepting the fixed day off or making a mutual trade with any carrier
within the rotation schedule. If no mutual trade is available, management shall
assign the successful bidder to a rotation schedule. This option will only be
available at the time of bidding. The bid notice shall indicate this available
option.
Section
2.
Schedules for
full time regulars shall be posted not later than Wednesday of the previous
week. Schedules for part-time flexibles shall be posted by
Section
3.
In the event a
regular carrier is requested to work on his non-scheduled work day, he shall be
assigned to work his own route or one on which he has the
necessary skills. A utility carrier who works on his non-work day shall
perform carrier work on his five assigned routes. If no work is available on
his five routes, and it is necessary for him to be called in for work, he may
be used to perform work on other routes for which he has the necessary skills.
Section
4.
Form 3996,
"Carrier Auxiliary Control" shall be completed promptly following the
final withdrawal signal and turned in to the supervisor. After Forms 3996 have
been received, the supervisor shall determine if the carriers are to curtail
non-preferential mail or receive assistance or be authorized overtime.
Section
5.
Whenever
possible, part-time flexibles will not be scheduled for a Sunday tour that
interrupts a three day weekend (Friday, Saturday & Sunday) or a two day
weekend (Saturday & Sunday) or (Sunday & Monday).
Section
6.
Management will
make every reasonable effort to rotate available three-day weekends among
part-time flexible carriers.
Section
7.
Article 8,
Section 9 provides reasonable wash-up time for a letter carrier who performs
dirty work. It is the position of the U. S. Postal Service that any letter
carrier should be granted such time as is reasonable and necessary for washing
up after performing dirty work or incident to personal needs as currently
established.
ARTICLE X LEAVE
Section
1.
A. Management shall
notify all carriers by Nov. 1 of the beginning and ending dates for making
selections during the choice vacation period.
B. Carriers who become ill during their chosen leave period shall be allowed
another selection in the choice period, provided an open slot is available. If
no choice slot is available, a carrier who was ill during his choice vacation
period shall have another selection outside the choice period, should one be
available.
C. Cancellations
of Days or Weeks in the choice vacation period shall be posted by management
before the close of the business day.
Section
2.
The Choice
Vacation Period shall begin the first day of the leave year and continue for 52
weeks, or until the leave year is over.
Section
3.
A. Unless
otherwise specified in the schedule below, management shall allow three
carriers off in any vacation week during the choice period or the non-choice
period.
B. During the first eight weeks of the year management shall allow three
carriers off per day or per week.
C. During the Public School Spring vacation week, management shall allow five
carriers off per day or per week.
D. From and including the ninth week until Memorial Day Weekend, 4 carriers
shall be allowed off per day or per week.
E. From and including the week of Memorial Day through the Week following Labor
Day 14.8% of the carriers in the office shall be allowed off. This period shall
be known as "prime" within the context of this agreement. In those
instances where computing the 14.8% does not result in a whole number and the
fractional number is .35 or higher, the next whole number shall be considered
the correct figure (e.g., 4.35 and above would become five employees: 5.35
would become 6 employees; see attached schedule A). The parties agree that this
change in the agreement will become effective
F. From the week after Labor Day week through the 44th week of the year, four
carriers shall be allowed off.
G. During the 45th through the 48th week of the year three carriers shall be
allowed off.
H. During the four-week December holiday period, as defined in the National
Agreement, two carriers shall be allowed off. During the first two weeks of the four-week December holiday period, as
defined in the National Agreement, three carriers shall be allowed off.
I. In the computation of any vacation percentages, the number of full-time
regulars, full-time flexibles, part-time regulars, part-time flexibles,
transitional employees, and carriers detailed to higher level assignments shall
be considered. Said Vacation formula shall remain in existence until a new
formula is negotiated. Changes in the carrier complement shall not negate any
vacation slots approved at the start of the leave year. Additions to the
carrier complement of non-career employees after April 30 shall not require
additional vacation spots. Additions to the carrier complement of career
employees prior to and including April 30 may require additional vacation
weeks.
Section
4.
Management will
meet with the Union representative between November 1 and the start of the
leave year to determine the requirements of leave under the provisions of the
percentile figures in Section 3, paragraph E.
Section
5.
A. Should any
vacation week outside the choice period, or inside the choice period. remain or become available after completion of bidding,
management shall grant annual leave on a first-come-first-serve basis after
receipt of form 3971. Incidental leave
requests will be submitted usually not less than 24 hours in advance.
Furthermore, management shall grant annual leave for unused vacation slots when
notice is given in advance when form 3971 is properly submitted. Said requests
may be for less than one week.
B. Management
shall adhere to the provisions of the Employee and Labor Relations Manual,
Section 512.61a: For all regular employees, both full and part time, leave is
granted when requested - to the extent practicable.
C. Acceptable
reasons for denying leave under paragraph B will include that the vacation slot
is already filled, and may include any of the following, advance
commitments for: family medical leave; dependent care leave; military leave;
court leave; leave for Union business; and when and if the granting of
"incidental leave" would result in penalty overtime. It is recognized
that in most situations, because a leave week has been previously planned, any
and all de minimus overtime has already been anticipated.
D. Management may
grant annual leave on an "as available" basis when mail volume and
workload indicate that such leave is unexpectedly available. Management shall
make every reasonable effort to see that such leave is offered. In case of
multiple requests after a morning announcement of leave availability, seniority
shall be the tie breaker on a rotating basis.
E. Second choice
vacation bidding will commence on completion of first choice. Same bidding
procedures as prescribed in Article X Section 3 above. Bids must be requested
in weekly units, and may be consecutive or split, up to three weeks total,
according to individual carrier's needs. All other leave requests will be
handled by management, by use of form 3971, based on "First come first
served". Management will respond yes or no, with a reason, within a
reasonable period of time, usually not more than 24 hours after receipt of form
3971.
F. For
part-time flexible employees, vacation planning is limited to accumulated and
accrued leave. PTFs may not bid for more
leave than they will have at the beginning of the scheduled leave.
Section
6.
A. Delegates
attending National Conventions shall be included in the total number of members
allowed leave during the choice time.
B. All leave periods shall be bid according to seniority. Branch 736 will be
responsible for accepting and scheduling all city carrier regular leave
requests for 1st, 2nd and 3rd choices in accordance with allowable numbers of
carriers on leave as stated in Section 1.
C. Bidding for first choice vacation shall commence by January 10 and be
completed by February 15th. Branch 736 will notify each carrier with Form 1547.
Upon notification each carrier will have up to 24 hours to make a selection.
One copy of approved Form 1547 will be furnished employee and one copy to
Branch 736 Leave Representative and one copy to management.
D. Bidder's first choice shall fulfill management's responsibility for offering
each carrier maximum allowed prime time leave according to Article X Section
3D, 1 and 2.
Section
7.
A carrier may
request his first choice vacation divided in two (2) selections of either five
(5) or ten (10) days, or a carrier may select three consecutive weeks.
Carriers may make any part of their first choice either in or out of prime
vacation period. If a carrier's first choice is entirely out of the prime
vacation period, he may choose up to five (5) consecutive available weeks
subject to the needs of the postal service
Section
8.
A. Each vacation
period will begin on Monday and end on Saturday. It is agreed that all part-time
employees shall not be scheduled to work on the Sunday at the beginning and end
of their vacations, as long as there are other part-time employees available
for these Sunday assignments.
B. No carrier will be called into work while
on annual leave without the carriers consent prior to beginning of vacation.
Section
9.
A. After all
employees have indicated their first choice for vacation periods and results
are posted, exchanges between carriers of annual leave shall be permitted in
units of one (1) week, provided qualified carriers are available to cover
effected routes. When possible employees will give management and Branch 736 at
least one week notice of intent to vacate or exchange any leave period.
Approved vacated leave periods will be offered first to all carriers that are
JUNIOR to the carrier relinquishing the leave in order seniority, by use of a
sign-up sheet showing vacated leave time, which shall be posted for one week
only. Branch 736 shall be responsible for attempt- ing to contact carriers on
annual leave after the Branch has been notified by Management that vacated
leave time is available.
B. Exchanging of leave is not to be permitted without
prior notification to the
Section
10.
Branch 736 will
withhold from leave charts the time periods needed for
Section 11
If possible,
requests for Blood Donor Leave (Administrative Leave) should be made 5 days
before blood donation days. When possible, carriers will be allowed three (3) hours of Blood Donor Leave (Administrative Leave)
for donating blood, provided that they are in an active pay status on that day.
ARTICLE XI HOLIDAYS
Section
1.
After the
required number of assignments have been determined under Article XI Section 6
of the National Agreement, the method of selecting full time regular employees
to work on holidays or designated holidays shall be on a voluntary basis, in
order of seniority on a rotating basis by use of a sign-up sheet, which shall
be posted at least three weeks prior to the holiday, and removed Tuesday prior
to the holiday. When there are insufficient volunteers, assignments shall be
made by inverse seniority.
Section
2.
After the
required number of assignments have been determined under Article 11, Sec. 6a,
and after compliance with Article 11, Sec. 6b, of the National Agreement,
management shall select carriers to work on holidays or designated holidays in
the following order: 1) Casuals. 2) Transitional Employees 3). Part-time flexible career employees 4) Part-time regulars.
5.) Full-time regulars who volunteer by seniority. 6) Full-time regulars who
did not volunteer on what would otherwise be their non-scheduled day, by
inverse seniority. 7) All other non-volunteer full-time regulars by inverse
seniority.
Section
3.
Part time
flexible employees shall be assigned to the maximum extent possible to cover
all holiday assignments. Management is
not required to schedule part-time flexible carriers for penalty overtime.
ARTICLE XIII
ASSIGNMENT OF
ILL OR INJURED REGULAR WORK FORCE EMPLOYEES
Section
1.
Management shall
make every effort to assign injured or ill employees to tasks that they are
capable and qualified to perform.
Section
2.
A. Management
shall make every effort to find light duty work in the carrier craft which
conforms to the carrier's medical limitations.
B. Management shall make every effort to find light duty work for injured or
ill letter carriers.
ARTICLE XIV SAFETY AND HEALTH
Section
1.
A joint
Labor-Management Safety and Health Committee, as provided for in Article XIV
Sec. 4 of the 2000 National Agreement, shall be established. The President of
Branch 736, or his designee, shall serve as a member of the committee when it
conforms with the provisions of Article XIV Section 6.
Branch 736 and the employer endorse and actively support the rules and
regulations for promoting safety and health. Meetings shall be held quarterly
with members on official time. Special meetings may be called by the chairman
to meet emergency situations.
Section
2.
No vehicle shall
be placed in service or be permitted to be operated unless it is in safe
condition. Carriers are required to report on the appropriate form an unsafe
condition or defects on their vehicle. Prompt repair shall be made and all
deficient parts repaired or replaced. No vehicle declared unsafe for one
carrier shall be assigned to another carrier until the unsafe condition is
corrected. No employee will lose time if management fails to provide a safe
vehicle for his use.
Section
3.
Regular scheduled
safety meetings shall be held weekly by unit supervisors for all carriers on
official time.
Section
4.
Management shall
be responsible for the maintenance and cleanliness of the workroom floors,
drinking fountains, swingrooms, lavatories, carrier cases and to insure adequate
light, heat and ventilation in the building. Members of the carrier craft
pledge their cooperation in assisting in the program in the areas where they
have any control.
Section
5.
No employee shall
be required to work with unsafe equipment or in unhealthy conditions.
Section
6.
When patrons fail
to remove ice from their porches and steps and the carrier feels that it is a
safety hazard, he shall upon his return contact his supervisor who, in turn, will
contact the patron and request their cooperation in correcting this safety
hazard.
Section
7.
A. A letter
carrier's first consideration shall be the delivery of the mail. However, every
consideration shall be given to the carrier's safety.
B. Letter carriers are not expected to finger mail when it would create a
safety hazard.
Section
8.
The paramount
factor in making any decision about providing, continuing or curtailing mail
service will be the safety of the postal personnel involved. Normal postal
services during emergency and hazardous conditions, civil disorders and natural
disasters will be carried on only as long as it is safe and practicable to do
so under the general guidelines of safety of the personnel involved. The
decision as to curtailing or continuing local mail service will be made by the
installation head.
Section
9.
Building
temperatures shall be maintained at the required levels as mandated by the
Postal Service on Sundays and Holidays when employees are scheduled to work.
ARTICLE XVI DISCIPLINE PROCEDURE
Section
1.
Supervisors
should use the utmost discretion in handling anonymous complaints to insure
that no carrier is unjustly accused.
Section
2.
No records of
conversations during a discussion session shall be placed in an employee's
personnel folder.
ARTICLE XVII REPRESENTATION
Section
1.
Upon request from
the craft, copies of letters, posted notices or communications issued by the
employer relating to policy or matters which effect
the employees of the Letter Carrier Craft, shall be furnished to the Branch
President.
Section
2.
The President or
his designee, including stewards, shall be afforded prompt, proper and due
recognition by all supervisory personnel and management officials in carrying
out their duties, responsibilities and obligations. Their actions shall conform
to the requirements outlined in ARTICLE XVII Section 3 of the National
Agreement.
Section
3.
A. Local
Labor-Management meetings shall be held quarterly at a time mutually agreeable
to both parties. There may be two representatives for both Labor and
Management. During quarterly labor-management meetings, two craft
representatives shall attend at the applicable straight-time rate. The duration
of Labor-Management meeting shall be for one hour. Duration of said meetings
may be extended by mutual agreement.
B. It is agreed that the agenda items for discussion at the meetings shall be
exchanged between the Postmaster and the President of Branch 736 at least 24
hours prior to the scheduled meeting. Items not placed on the agenda shall be
discussed only by mutual consent.
C. Within ten (10) days after the installation head has attended his annual
Christmas meeting, there shall be a meeting with the local Labor-Management
committee covering this agenda. The Christmas meeting can be combined with the
regular December quarter Labor-Management meeting.
Section
4.
Minutes of
Labor-Management meetings shall be kept by both parties and copies exchanged
and initialed by both parties for verification. Any agreement reached at such
meetings shall be reduced to writing and signed by both parties upon request of
either party.
Section
5.
Branch 736 will
be consulted prior to the designation of employees to all local committees by
the Postmaster or his staff. Meetings will be held on official time unless
prohibited by the National Agreement.
Section
6.
There shall be a separate bulletin board
established which will contain all the required contractual postings relevant
to the local and national agreements.
Said board shall contain the required posting including, but not limited
to, weekly schedules, vacant assignments, vacation schedules, open bids, and
other appropriate required postings.
ARTICLE XXIX SCHEDULE FOR WEARING UNIFORMS
Section
1.
Winter Apparel -
Items of uniform dress appropriate for the winter season shall be worn from
approximately November 15th through March 31st, subject to weather conditions.
Section
2.
Summer Apparel -
Items of uniform dress appropriate for the summer season shall be worn from
approximately April 1st through November 14th, subject to weather conditions.
ARTICLE XLI SENIORITY
Section 1.
A. The successful
bidder for a vacant assignment shall be placed in his new assignment within
fourteen (14) days from the time that the bids are opened and the results
posted. If possible, he will be placed in the assignment sooner. However, a
vacant assignment due to be filled in the month of December as a result of
regular bidding procedures will not be filled with the successful applicant
until the beginning of the first pay period in January.
B. The successful bidder shall be placed in his new assignment at least five
(5) days prior to the closing of bids on his former assignment.
Section
2.
In instances
where several vacant assignments are posted at one time, an employee may bid in
writing and give it to the head of the installation. All bids shall be opened
in the presence of a craft representative.
Section
3.
A carrier
applying for a vacant or newly established assignment shall prepare a sealed
bid in writing and give it to the head of the installation. All bids shall be
opened in the presence of a craft representative.
Section
4.
The successful bidder
for a posted vacant position shall accept the non-work days that accompany the
new assignment.
Section
5.
No assignment
shall be reposted due to any change in starting time. An assignment shall be
reposted when the territory is changed at one time by sixty (60) per cent or
when a multiple trip route is changed to a one-trip route or vice versa.
Section
6.
A current list of
employees in order of seniority shall be posted every six (6) months in January
and July.
Section
7.
When a letter
carrier route or full-time duty assignment, other than the letter carrier
route(s) or full-time duty assignment(s) of the junior employee(s) is abolished
at a delivery unit as a result of, but not limited to route adjustments,
highways, housing projects, all routes and full-time duty assignments at that
unit held by letter carriers who are junior to the carrier(s) whose route(s)
was abolished shall be posted for bid in accordance with the posting procedures
in this Article.
Section
8.
Parking spaces in
excess of USPS needs will be available on a first come first serve basis for
all employees including management.