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