Memorandum Of Understanding
between
American Postal Workers Union
Tucson Area Local, AFL-CIO
and
United States Postal Service

Sierra Vista, Fort Huachuca

 LMOU
2006-2010




TABLE OF CONTENTS


ARTICLE 1
SEPARABILITY CLAUSE

Should any part of this Memorandum or any provisions contained herein be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by a court of competent jurisdiction, such invalidation of such part or provision of this Memorandum shall not invalidate the remaining portions and they will remain in full force and effect.


ARTICLE 2
IMPLEMENTATION OF CHANGES

Both parties recognize the need for improvement of mail services. The Union will be informed as far in advance as possible of implementation of changes that affect jobs or working conditions.

ARTICLE 3
WASH UP PERIOD

The "past practice" of granting employees a reasonable wash-up period prior to lunch and at the end of the tour will continue throughout the duration of the 2000 Agreement. In addition, employees will be granted additional wash-up time for bio-chemical threats as per national guidelines from the CDC, USPS and APWU.


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ARTICLE 4
HOLIDAYS

When holiday schedules are to be arranged, management will determine the number of employees needed to work the holiday. The employer will select employees to work on their holiday, or designated holiday, in the following sequential order:

  1. Regular employees with necessary skills and qualifications who volunteer to work their designated holiday by seniority.
 2. Part time flexibles with the necessary skills and qualifications
 3. Clerk casuals
 4.  Regular employees with necessary skills and qualifications by inverse seniority (non-volunteers)

ARTICLE 5
POSTINGS

1. All positions vacant on the first Monday of a pay period and determined not to be reverted, shall be posted for
    bid on  the second Monday of the same pay period. Exception: When a holiday falls on the second Monday
    of a pay period, the second Tuesday of the pay period shall be the posting day. The bids will be received until
   close of business (COB) on the 10th day after the posting.

2. One copy of all positions posted for bid shall be mailed to the Union President or the President's designee and one
     copy shall be furnished to the Union Steward. Additionally, one copy will be furnished the successful bidder
      by the employer.

3. In the event an employee desires a receipt, one shall be given in a timely manner.

4. Invitations for bids must include all pertinent information such as principle assignment area (PAA) , location, hours,
    schemes, skills, heavy lifting, prolonged periods of standing, fixed days off and
    loading and unloading trucks.

5. The awards of bids shall be posted within ten days after the closing of the posting. When a qualifying period is involved, permanent filling of the position shall be deferred in accordance with Article 37 of the Collective Bargaining Agreement.

  6. Only if the incumbent submits a written request within ten days of official notification,
    to be relieved, will a position be reposted if the starting time exceeds one hour and/or the
    duties, assignment area, or scheme assignments are changed. Notice of such position change
    shall be posted as per Article 5, Section 1 of the Local Memorandum of Understanding (LMOU).

    Employees who become unassigned for reasons other than conversion to full time regular
    shall beassigned in accordance with Article 37, Section 4C.

7. When more than one position has not been bid so that it is necessary to assign junior
    unassigned full-time employees to those positions, the choice of jobs to be filled shall be
    offered to the most senior of those to be assigned, except as provided in Article 37 of the
    Collective Bargaining Agreement.

8. The Union and the Employer agree that notification of assignment of the unassigned
    full-time employees, shall be posted, and they will have a fixed schedule. Copies of the
    initial schedule shall be furnished the Union in accordance with #2 above.

9. If any provisions of this Agreement are in conflict with Article 37 of the Collective
    Bargaining Agreement, the craft article shall prevail.

ARTICLE 6
SCHEDULING OF ANNUAL LEAVE

1. Vacation planning as hereinafter provided is clarified for local application within
    the framework of and not conflicting with the Collective Bargaining Agreement. The appropriate
    Supervisor shall be responsible for granting and scheduling annual leave within his/her
    jurisdiction on an equitable basis, with due regard for the needs of the Service and the welfare
    of the employees. Requests for annual leave during the choice vacation period, submitted prior to
    the deadline, shall be awarded by craft seniority.

2. The dates of the choice vacation period shall be from December 26 through November 30, both dates inclusive.

3. The choice vacation planning procedure will be implemented as follows:

    a. Beginning January 2, a leave calendar will be passed around by seniority to all leave earning employees.
    b. Employees will have up to two (2) working days to choose their 1st period and then return the calendar to management.   This process will continue until all employees have submitted their 1st choice.  

    c. Once all 1st choice submissions have been completed, this process will repeat itself for the 2nd choice submission.Choices for both the 1st and 2nd choice options shall be in increments of either 5 or 10 days not to exceed 15 days as outline in Article 10.3.d of the National Agreement.

    d. Employees on extended leave will be contacted by management and afforded an opportunity to submit a leave request by seniority.

    e. All applications for annual leave for the choice vacation periods shall be submitted to any supervisor in duplicate on PS Form 3971.
    f. No employee will get a 2nd choice until all employees have gotten a 1st choice.  Once these selections have been made there will be no changes to the calendar or the 3971’s.

4. Jury duty and attendance to a National or State APWU Convention, Assembly or Seminar
    and military duty shall not be charged to the choice vacation period.

5. A minimum of 10% of all craft employees shall be allowed leave each week during
    the choice vacation period.

6. Employees who find they are unable to take their approved vacation period shall notify their station or unit supervisor as soon as it has become evident that they do not intend to use the granted period, but no later than 6 days prior to the start date of that leave. These vacated periods shall be posted in the unit for a 10 day period, when possible, and granting of leave for reverted periods shall be seniority. Starting with the employee just below the clerk’s seniority who cancelled the leave.

Cancellation of any part of a week blocked for choice vacation shall result in the employee forfeiting the entire week.

7. Requests for periods of annual leave other than choice vacation periods shall be granted
    on an as available, first come first served basis. Seniority shall be used only to break a
    tie when requests are submitted at the same time. Application for non choice vacation leave
    shall be submitted in triplicate to any Supervisor. The Supervisor shall initial and return the
    triplicate copy not indicating approval or disapproval, only receipt. Duplicates of requests
    shall be returned with action indicated within 5 working days after submission. If duplicate is not
    returned within one week after submission of PS Form 3971, leave shall be granted.

8. Requests for annual leave outside of the choice vacation period may not be submitted more than 45 days prior to the date(s) requested and if available within the quota, shall not be unreasonably denied.  Long term FMLA,military leave, court leave, LWOP, IOC/OWCP, union business/leave will be considered to fill a slot in the quota.
9.  Rehab employees officially designated to the clerk craft will be considered in the clerk quota for all annual leave requests.

ARTICLE 7
ASSIGNMENT OF ILL OR INJURED EMPLOYEES

1. It is hereby agreed to by all parties concerned that the earliest possible return
to duty of any ill or injured employee is in the best interest of the Postal Service and the
individual concerned, consistent with a medical determination of the attending medical authority.
2. Any and all  requests from an employee for a temporary or permanent change in duty and
submitted per the provisions of Article 13 of the Collective Bargaining Agreement, shall be
the Union. The Postmaster shall make an appropriate decision and assignment will be made by
management, if appropriate. 

Each light or limited duty request shall be acted upon based on its ownmerit andmay not be cited as precedent in any past or future requests. Light duty assignments authorized under Article 13 of the National Agreement shall be afforded to qualified employees consistent with their medical limitations and availability of assignment.

3. The employees request must be in writing along with medical documentation    
    from their licensed health care professional.  The document must contain medical restrictions, outlining the restrictions which have been placed on the employee by his/her health care provider, with anticipated convalescence period.

4.  If management determines there is no work available within the restrictions, Postmaster, or designee and the local union president, or designee shall be notified.

5.  The employee is required to inform management of any changes to their medical restrictions.
   
6.  Under no circumstances will an employee work in excess of their medical restrictions. 

7. Every effort will be made to accommodate a handicapped in providing handicapped parking.

8. The assignment of light duty of an employee shall not adversely affect the assignment
    of any regular employee.

9.  Any time a clerk or maintenance employee requests light duty, the APWU Steward will be notified.  Anytime
    a clerk or maintenance employee is denied light duty, the APWU steward and br local  president shall be notified.

ARTICLE 8
OVERTIME

1.  The overtime desired list shall be prepared and maintained by installation.
Opportunities for overtime will be distributed equally on a rotating basis by seniority among those qualified.

2.  Two (2) hours notice shall be given when possible if overtime is needed, but no less than 1 hour notice shall be given for overtime work, unless unforeseen circumstances warrant or present themselves..

3.  At least 48 hours notice will be given for a sixth day, when possible.

ARTICLE 9
NOTICE TO UNIONS

1. One copy of all announcements, seniority lists, and form 1723's shall be mailed by the
    Postal Service to the Union President in Tucson and one copy shall be furnished to the shop
    steward in Sierra Vista.

2. Seniority lists shall be posted in the unit and updated as needed.

3. PS Form 1723 indicating assignment of any craft employee under the jurisdiction of the APWU,
    to 204B or to any other detail, either craft or non-bargaining unit, shall be mailed by
    the Postal Service to the President in Tucson and a copy will be
    furnished to the Shop Steward in Sierra Vista. Information shall
    include beginning and ending of such assignment.

ARTICLE 10
SAFETY AND HEALTH

1. Each employee shall be assigned an individual locker.

2. The Postal Service and the APWU support without reservations programs addressing health,
    safety and the welfare of all employees.

3. The Safety and Health Committee shall meet quarterly and at such other times as requested
    by a committee member and approved by the Chairperson in order to discuss significant problems
    or items. The meetings shall be on official time and each committee member shall submit agenda
    items to the Secretary at least three working days prior to the meeting. There shall be equal
    representation on the committee between the Postal Service and the APWU.

4. Written instructions shall be posted on current emergency evacuations and each employee new
    to the installation shall receive orientation as to the fire exit and emergency exit locations.


ARTICLE 11
SECTIONS DEFINED

The following shall be known as sections within the Sierra Vista Post Office for
the purpose of overtime scheduling, annual leave scheduling and excessing. Overtime shall be
among those in the section and qualified for the work available.


The entire Sierra Vista, Ft. Huachuca Post Office.

A. Clerks
B. Maintenance


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ARTICLE 12
EMPLOYEE PARKING

The Postmaster shall review employee parking requirements as needed and if there is a problem
in the future it will be subject to labor-management meetings.

ARTICLE 13
TERMINATION OR CURTAILMENT OF POSTAL OPERATIONS

The parties recognize that the Postal Service is the communications machinery
of the United States of America and that, historically, this Post Office has provided this service
to the public without interruption, therefore, as a matter of policy, postal operations will not be
terminated at the Post Office unless the conditions so warrant.

Reasonable consideration shall be given, but not limited to, such conditions as:

l. The safety and health of the employees.
2. Civil disorders
3. Acts of God
4. Hazardous weather conditions
5. Bomb threats
6. Advice of local authorities
7. Terrorist attacks.

Management shall notify the employees, at the earliest possible time, of termination or
curtailment of postal operations. Such notification may be by telephone and/or public
media, such as television and radio.