JCAM – Article 41 Letter Carrier Craft

Section 1. Posting

Section 2. Seniority

Section 3. Miscellaneous Provisions

Section 4. City Carrier Transportation (Driveout) Agreement

Section 5. National Joint City Delivery Committee

Article 41—Letter Carrier Craft Article. Article 41 is known as the letter carrier craft article, negotiated specifically to cover letter carriers. (Prior to 1994 negotiations the National Agreement was negotiated jointly with other postal unions.) Article 41 establishes fundamental letter carrier rights under the contract—a regular carrier’s right to accumulate seniority, and the right to bid on, obtain and hold specific duty assignments based on seniority.

41.1.A Section 1. Posting

A. In the Letter Carrier Craft, vacant craft duty assignments shall be posted as follows:

1. A vacant or newly established duty assignment not under consideration for reversion shall be posted within fourteen calendar days from the day it becomes vacant or is established, unless a longer period of time is negotiated locally.

All city letter carrier craft full-time duty assignments other than letter routes, Carrier Technician assignments, parcel post routes, collection routes, combination routes, official mail messenger service, special carrier assignments and night routers, shall be known as full-time Reserve Letter Carrier duty assignments. The term “unassigned regulaf’ is used in those instances where a fulltime letter carrier does not hold a duty assignment.

Positions currently designated in the Letter Carrier Craft:

City Carrier (includes the duty assignment of Official Mail Messenger Service in the Washington, D.C. Post Office)

Special Carrier Carrier Technician

Positions that may in the future be designated in the Letter Carrier Craft.

Changes in the foregoing position titles shall not affect the application of this provision.

41.1.A.1 When a position is under consideration for reversion, the decision to revert or not to revert the position shall be made not later than 30 days after it becomes vacant. If the decision is made not to revert, the assignment must be posted within 30 days of the date it becomes vacant. The Employer shall provide written notice to the Union, at the local level, of the assignments that are being considered for reversion and of the results of such consideration.

The assignment of Transitional Employees is addressed by the parties’ joint Questions and Answers on TEs, questions 35 and 37. The complete TE Q&As are found on pages 7-10-7-15.

QUESTIONS AND ANSWERS (42) NALC TRANSITIONAL EMPLOYEES

The attached jointly-developed document provides the mutual understanding of the national parties on issues related to NALC Transitional Employees. This document may be updated as agreement is reached on additional matters related to transitional employees.

Date: February 20, 2009

35. May transitional employees be assigned to vacant duty assignments?

Yes, consistent with the following: The posting and bidding provisions of Article 41.1.A and the opting provisions of Article 41.2.B, and provisions of Article 25 for temporarily filling higher level vacancies still apply. However, transitional employees may be assigned to cover residual or temporary vacancies not filled through those procedures.

37. May a transitional employee be assigned to a residual vacancy rather than converting an available part-time flexible city letter carrier to full-time?

Unless the residual vacancy is being withheld pursuant to Article 12 of the National Agreement, the assignment should normally be filled pursuant to Section 722 of handbook EL-312, which states: “A full-time residual position is filled by assigning an unassigned fulltime employee or a full-time flexible employee. The conversion to full-time of a qualified part-time flexible employee with the same designation or occupation code as the vacancy should occur only after unassigned full-time employees have been assigned. Part-time flexible employees must be changed to full-time regular positions, if appropriate, within the installation in the order specified by the applicable collective bargaining agreement.”

Unassigned Regulars. The definition of unassigned regular was changed in the 2001 National Agreement by removing that part of the prior definition that provided that they “are excess to the needs of the delivery unit.” This change makes clear that any full-time regular letter carriers not holding a bid assignment are unassigned regulars. Whether or not they are excess to the needs of the delivery unit is irrelevant. This change was made to remove inconsistencies with other sections of the contract such as Article 41.1.A.2 and Article 12.

Posting for Bid. Article 41.1.A.1 provides for the posting of a vacant duty assignment for bid within 14 days after it becomes vacant, or in the case of a newly established assignment, within 14 days of its creation (unless a longer term is locally negotiated). However, when a newly vacated duty assignment is under consideration for reversion, management has a maximum of thirty days after the date the duty assignment is vacated to make the decision to either revert the position or post it for bid.

The time limit for posting was changed in the 2006 National Agreement. Note that the number of days was only part of the change. The time limit that was once 5 working days is now 14 calendar days. Notwithstanding negotiated language in the local parties’ LMOU, the intent of this change is to accommodate those offices with an automated bidding process that requires 14 days for posting. In such situations, the controlling language would be the 14 days in Article 41.1.A.1.

• A duty assignment is a set of duties and responsibilities within a recognized position regularly scheduled during specific hours of duty.

• The five routes on a Carrier Technician swing, or group constitute a full-time duty assignment. Carrier Technicians perform all the duties of the assignments they work.

• Reserve letter carrier (formerly known as floater, leave replacement, vacation regular, etc.) is a bid position with scheduled hours of duty and work days.

41.1.A.2 2. Letter carriers temporarily detailed to a supervisory position (204b) may not bid on vacant Letter Carrier Craft duty assignments while so detailed. However, nothing contained herein shall be construed to preclude such temporarily detailed employees from voluntarily terminating a 204b detail and returning to their craft position. Upon return to the craft position, such employees may exercise their right to bid on vacant letter carrier craft duty assignments.

The duty assignment of a full-time carrier detailed to a supervisory position, including a supervisory training program in excess of four months shall be declared vacant and shall be posted for bid in accordance with this Article. Upon return to the craft the carrier will become an unassigned regular. A letter carrier temporarily detailed to a supervisory position will not be returned to the craft solely to circumvent the provisions of Section l.A.2.

Form 1723, Notice of Assignment, shall be used in detailing letter carriers to temporary supervisor positions (204b). The Employer will provide the Union at the local level with a copy of Form(s) l723 showing the beginning and ending of all such details.

Clarification that Transitional Employees may act as a temporary supervisor (204B) is covered in the parties’ joint Questions and Answers on TEs, question 40. The complete TE Q&As are found on pages 7-10-7-15.

QUESTIONS AND ANSWERS (42) NALC TRANSITIONAL EMPLOYEES

The attached jointly-developed document provides the mutual understanding of the national parties on issues related to NALC Transitional Employees. This document may be updated as agreement is reached on additional matters related to transitional employees.

Date: February 20, 2009

40. Can a transitional employee act as a temporary supervisor (204B)?

Yes.

While city letter carriers temporarily detailed to a supervisory position (204b) may not bid on vacant city letter carrier craft duty assignments while so detailed, they may bid on the multi-craft positions of VOMA or Examination Specialist while on detail (see National Arbitrator Aaron, H1N-4J-C 8187, March 19, 1985, C-04925).

41.1.A.3 3. The existing local procedures for scheduling fixed or rotating non-work days and the existing local method of posting and of installation-wide or sectional bidding shall remain in effect unless changes are negotiated locally.

Local Implementation NALC branches may establish local rules regarding fixed or rotating days off and the scope of posting and bid-ding—by section or installation-wide—through local implementation procedures under Article 30 of the National Agreement. Such rules are then contained in a Local Memorandum of Understanding, which must be read in conjunction with Article 41. Fixed or rotating days off are negotiated pursuant to Article 30.B.2, and the scope and method of posting are negotiated pursuant to Article 30.B.21 and 30. B.22.

41.1.A.4 4. No assignment shall be posted because of a change in starting time or in non-scheduled days (except as provided in Section l.A.5 below). No overtime payment will be made for a permanent change in starting time.

5. Whether or not a letter carrier route will be posted when there is a change of more than one (1) hour in starting time shall be negotiated locally.

Local Implementation. Local negotiations pursuant to Article 30.B.21 and 30.B.22 may determine whether a route will be posted when there is a change of more than one hour in starting time.

41.1.A.6 6. When a fixed schedule non-work day is permanently changed, the new non-work day shall be posted.

7. Unassigned full-time carriers and full-time flexible carriers may bid on duty assignments posted for bids by employees in the craft. If the employee does not bid, assignment of the employee may be made to any vacant duty assignment for which there was no senior bidder in the same craft and installation. In the event there is more than one vacancy due to the lack of bids, these vacancies may be filled by assigning the unassigned full-time carriers and full-time flexible carriers, who may exercise their preference by use of their seniority. In the event that there are more unassigned full-time carriers and fulltime flexible carriers than vacancies, these vacancies may be filled by assigning the unassigned employees by juniority.

In the event there are more unassigned full-time carriers and/or full-time flexible letter carriers than residual vacancies, the residual vacancies may be filled by assigning the unassigned employees by juniority (inverse seniority).

• Reserve Regulars are not unassigned regulars and this section does not apply to them.

• When there is no bid, the assignment of an unassigned regular or fulltime flexible letter carrier shall be by juniority (inverse seniority).

• When there is more than one vacancy and there are no bids, the unassigned carriers or full-time flexible carriers assigned to the vacancies may select their individual assignments by seniority.

• If a 204b loses his/her bid assignment under the provisions of Article 41.1.A.2, management may assign the 204b to a residual vacancy under the provisions of Article 41.1.A.7 while the employee remains in a 204b status (See National Arbitrator Snow, E94N-4E-C 96060312, October 2, 1998, C-18743)

41.1.B B. Method of Posting

1. The notice inviting bids for Letter Carrier Craft assignments, and to such other assignments to which a letter carrier is entitled to bid, shall be posted on all official bulletin boards at the installation where the vacancy exists, including stations and branches, as to assure that it comes to the attention of employees eligible to submit bids. Copies of the notice shall be given to the local Union. When an absent employee has so requested in writing, stating a mailing address, a copy of any notice inviting bids from the craft employees shall be mailed to the employee by the installation head.

2. Posting and bidding for duty assignments and/or permanent changes in fixed non-work days shall be installation-wide, unless local agreements or established past practice provide for sectional bidding or other local method currently in use.

Local Implementation—Scope of Posting and Bidding. Article 41.1.B.2 provides that posting and bidding for duty assignments and/or permanent changes in fixed non-work days shall be installation-wide, unless the parties have negotiated a different method—for instance, bidding by specified sections—pursuant to Article 30.B.21 and 30.B.22.

41.1.B.3 3. The notice shall remain posted for 10 days, unless a different length for the posting period is established by local negotiations.

Local Implementation—Length of Posting. Article 41.1.B.3 requires that the notice be posted for ten days, unless the parties have negotiated a different time period pursuant to Article 30.B.21 and 30.B.22.

41.1.B.4 4. Information on notices shall be shown as below and shall be

specifically stated:

(a) The duty assignment by position title and number (e.g., Key or Standard).

(b) Grade.

(c) Hours of duty (beginning and ending), including, in the case of a Carrier Technician assignment, the hours of duty for each of the component routes.

(d) The fixed or rotating schedule of days of work, as appropriate.

(e) The principal assignment area (e.g., section and/or location of activity).

(f) Invitation to employees to submit bids.

(g) Physical requirement unusual to the assignment.

(h) If a city carrier route is involved, the carrier route number shall be designated. If a Carrier Technician assignment is involved, the route number of the Carrier Technician assignment and the route numbers of the component routes shall be designated.

This Memo is located below.

(i) Date of last inspection and date of last adjustment. [See Memo, page 195]

A duty assignment may include a permanent schedule which consists of different starting times on certain days of the service week. However the decision to do so may not be arbitrary. The starting time(s) of a Carrier Technician assignment is the same as the component routes which comprise the Carrier Technician assignment. (See Prearbitration Settlement E94N-4E-C 99119612, June 17, 2003, M-01490)

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

Re: Article 41—Bid Process

The parties agree that where telephone bidding is an alternative form of bidding, bids may be submitted by telephone. When computerized and telephone bidding are available to all employees in an installation, telephone and computerized bidding is mandatory.

Date: August 14, 2000

41.1.C C. Successful Bidder

1. The senior bidder meeting the qualification standards established for that position shall be designated the “successful bidder.”

The national parties agreed to a national Memorandum of Understanding on March 16, 1987 (M-00752) setting forth specific rules governing the bidding rights of a carrier who is temporarily disabled and unable to work his or her normal assignment. Such a carrier has the right to bid and be awarded a bid assignment so long as the carrier will be able to

assume the bid-for position within six months from the time the bid is placed. Upon management’s request the carrier must provide medical documentation showing that he or she will be able to do so. If the carrier is still unable to perform the duties of the bid-for position at the end of six months, a second six-month period is permitted if supported by new medical certification. The carrier must relinquish the assignment if he or she cannot work the bid-for position within one year after the bid. A carrier who bids on a higher-level position under these rules will not receive higher level pay until he or she is physically able to, and actually performs work in the bid-for higher-level position.

Successful bidders who develop a disability after a position is awarded are entitled to retain the position if the disability is temporary. (Mittenthal, H8N-5B-C 22251, November 14, 1983, C- 03855) If the letter carrier’s personal physician determines that the disability results from a medical condition that is permanent and stationary, and prevents the letter carrier from performing the functions of the position, the letter carrier may be removed from the position and the position posted for bid. In cases where the medical condition is not a result of a job-related illness or injury and there is a dispute over whether the disabling condition is permanent or temporary based upon medical evaluations of the letter carrier’s personal physician and the USPS physician, a third physician selected by the parties will be final concerning the employee’s medical condition and limitations, if any. (See Article 13.2.B.2) In cases where the disability is the result of a job-related illness or injury, the Postal Service is bound by the medical opinion accepted by the OWCP.

41.1.C.2 2. Within ten (10) days after the closing date of the posting, the Employer shall post a notice indicating the successful bidder, seniority date and number.

3. The successful bidder must be placed in the new assignment within 15 days except in the month of December.

The fifteen day period begins on the date the notice of the successful bidder is posted. Application of the December exception does not begin a new fifteen day period.

41.1.C.4 4. The successful bidder shall work the duty assignment as posted.

Unanticipated circumstances may require a temporary change in assignment. This same rule shall apply to Carrier Technician assignments, unless the local agreement provides otherwise.

Carrier Technician Assignments. The five routes on a Carrier Technician’s string or group which constitute a full-time duty assignment are normally carried in the posted sequence. In the absence of any Local Memorandum of Understanding provisions or binding past practice concerning this issue (see Article 5), management has discretion to move a Carrier Technician off the assignment he or she is working in the regular rotation to

another route on the Carrier Technician’s string. If a Carrier Technician is moved to another route on the string, that route becomes the carrier’s assignment on that day for the purposes of Article 41.1.C.4 and the application of the overtime provisions of Article 8.5.

If a Carrier Technician is moved to another route on the string with a different starting time, he/she still retains and is still entitled to be paid for the hours of his/her regular schedule. However, if appropriate advance notice of a schedule change is given, the carrier receives out-of-schedule pay instead. (See the explanation of out-of-schedule pay under Article 8.4)

Management may not move the Carrier Technician off the string entirely, unless the Local Memorandum of Understanding so provides or “unanticipated circumstances” arise. It is not an “unanticipated circumstance” when the regular carrier, whose route the Carrier Technician is working, comes in and works his or her non-scheduled day.

41.1.D D. Other Positions

City letter carriers shall continue to be entitled to bid or apply for all other positions in the U.S. Postal Service for which they have, in the past, been permitted to bid or apply, including the positions listed below and any new positions added to the list: SP 2-188 Examination Specialist

SP 2-195 Vehicle Operations-Maintenance Assistant

Examination Specialist and Vehicle Operations-Maintenance Assistant (VOMA) positions are multi-craft assignments. Clerks, Maintenance, Level 5 and 6 Mail Handlers and Motor Vehicle employees are also eligible to bid for Examination Specialist positions. Clerks, Maintenance and Level 5 and 6 Motor Vehicle employees are also eligible to bid for VOMA positions.

Letter carriers in these positions continue in the carrier craft bargaining unit with seniority, bidding and representation rights. If selected, the employee remains in his/her craft and in the installation (see M-01514, March 31, 2004). However, a VOMA carrier is not eligible to place his or her name on an Overtime Desired List. (Step 4, H1N-4B-C 11747, April 5, 1983, M-00051)

41.2 Section 2. Seniority A. Coverage

1. This seniority section applies to all regular work force Letter Carrier Craft employees when a guide is necessary for filling assignments and for other purposes and will be so used to the maximum extent possible.

Conversions from part-time flexible to full-time status are made in strict seniority order even if an employee is on limited or light duty. In the

letter carrier craft there are currently no exceptions for any reason, either voluntary or involuntary.

National Arbitrator Richard Mittenthal ruled in H8N-4B-C 16721, March 8, 1982. (C-03225) that management did not violate Article 41.2.A.1 when it refused to allow letter carriers to use their seniority to choose from among assignments which were available on a certain day. Mittenthal ruled (H1N-5D-C 2120, July 22, 1983, C-03807) that a past practice of assigning available work to the senior PTF carrier was not binding.

41.2.A.2 2. Seniority is computed from date of appointment in the

Letter Carrier Craft and continues to accrue so long as service is uninterrupted in the Letter Carrier Craft in the same installation, except as otherwise specifically provided.

Article 41.2.2 establishes the general rule that a letter carrier’s seniority is computed continuously from the date of appointment in the Letter Carrier craft if the carrier serves without interruption in the Carrier craft and works in the same installation.

Note that Article 41.2.D, below, provides for exceptions to Article 41.2.A.2.’s requirements that for a carrier’s seniority to be computed continuously from the date of appointment in the Letter Carrier craft, the carrier must serve without interruption in the carrier craft and work in the same installation.

41.2.A.3 3. No employee solely by reason of this Article shall be displaced from an assignment the employee gained in accordance with former rules.

The purpose of Article 41.2.A.3 is to avoid displacing employees from bid assignments gained under earlier National Agreements if there are any changes in the National Agreement’s seniority rules.

B. Definitions

1. Seniority for bidding on preferred Letter Carrier Craft duty assignments and for other purposes for application of the terms of the National Agreement shall be restricted to all full-time and fulltime flexible regular city letter carriers.

2. Part-time regular letter carriers are considered to be a separate category and seniority for assignment and other purposes shall be restricted to this category.

41.2.B

41.2.B.2

Part-time regulars may use their seniority only in that category. Upon reassignment to part-time flexible or full-time status, part-time regulars begin a new period of seniority.

41.2.B.3 3. Full-time reserve letter carriers, and any unassigned full-time letter carriers whose duty assignment has been eliminated in the par-

ticular delivery unit, may exercise their preference by use of their seniority for available craft duty assignments of anticipated duration of five (5) days or more in the delivery unit within their bid assignment areas, except where the local past practice provides for a shorter period.

4. Part-time flexible letter carriers may exercise their preference by use of their seniority for vacation scheduling and for available full-time craft duty assignments of anticipated duration of five (5) days or more in the delivery unit to which they are assigned.

5. A letter carrier who, pursuant to subsections 3 and 4 above, has selected a craft duty assignment by exercise of seniority shall work that duty assignment for its duration.

Opting on Temporary Vacancies. Article 41.2.B.3, 41.2.B.4 and 41.2.B.5 provide a special procedure for exercising seniority in filling temporary vacancies in full-time duty assignments. This procedure, called “opting,” allows carriers to “hold down” vacant duty assignments of regular carriers who are on leave or otherwise unavailable to work for five or more days.

Full-time reserve, full-time flexibles and unassigned full-time letter carriers may opt on vacancies of fewer than five days where there is an established local past practice. (Article 41.2.B.3)

Eligibility for opting. Full-time reserve letter carriers, full-time flexible schedule letter carriers, unassigned full-time carriers, and part-time flexible carriers may all opt for hold-down assignments.

All unassigned regulars have opting rights, regardless of the reason for the unassigned status (Step 4, H94N-4H-C 96007241, September 25, 2000, M-01431).

Although Article 12.3 of the National Agreement provides that “an employee may be designated a successful bidder no more than seven (7) times” during the contract period, a national settlement (H1N-1E-C 25953, May 21, 1984, M-0513) establishes that these restrictions do not apply to the process of opting for vacant assignments. Moreover, opting is not “restricted to employees with the same schedule as the vacant position” (H1N-1J-C 6766, April 17, 1985, M-0843). Rather, an employee who opts for a hold-down assignment assumes the scheduled hours and non-scheduled day of the opted assignment. (See “Schedule Status,” below.)

National Arbitrator Bernstein held (H1N-3U-C 10621, September 10, 1986, C-6461) that an employee may not be denied a hold-down assignment by virtue of his or her potential qualification for overtime pay. For example, an employee who works forty hours Saturday through Thursday is eligible for a hold-down which begins on Friday even though he or she will earn overtime pay for work in excess of forty hours during the service week. If a full-time letter carrier on the ODL works overtime solely as a result of such circumstances, the overtime is

not counted or considered in determining equitability at the end of the quarter under the provisions of Article 8.5.C.2.b.

An otherwise qualified employee on light duty may not be denied hold-down assignments as long as the employee can perform all the duties of the assignment.

Some employees are not permitted to opt. Probationary employees may not opt (H8N- 2W-C 7259, November 25, 1988, M-0594). Carriers acting in 204b supervisory positions may not opt for hold-down positions while in a supervisory status (Step 4, H1N-4B-C 16840, October 24, 1983, M-0552). A national pre-arbitration settlement (H1N-5W-C 26031, January 12, 1989, M-0891) established that an employee’s supervisory status is determined by Form 1723, which shows the times and dates of an employee’s 204b duties.

Transitional Employees are not permitted to opt on vacant duty assignments. This issue is addressed by the parties’ joint Questions and Answers on TEs, question 36. The complete TE Q&As are found on pages 7-10-7-15.

QUESTIONS AND ANSWERS (42) NALC TRANSITIONAL EMPLOYEES

The attached jointly-developed document provides the mutual understanding of the national parties on issues related to NALC Transitional Employees. This document may be updated as agreement is reached on additional matters related to transitional employees.

Date: February 20, 2009

36. Will transitional employees be allowed to opt on vacant duty assignments?

No.

Duty Assignments Eligible for Opting. Vacancies in full-time Grade One assignments, including Reserve Regular assignments, are available for opting. When a Reserve Regular letter carrier opts on an available assignment, his/her temporarily vacated Reserve Regular position becomes available for opting if vacated for five days or more. However, as is the case with any opt, a carrier on an opt for a Reserve Regular assignment must work the assignment for its duration and is not eligible to opt on any other assignments for the duration of the opt. Vacant routes under consideration for reversion are available for opting until they are reverted or filled, provided the anticipated vacancy is for five days or more. (See Step 4 H0N-5R-C 6380, January 21, 1993, M-01128.)

However, not all anticipated temporary vacancies create opting opportunities. Carrier Technician positions are not available for opting because they are higher level assignments which are filled under Article 25 of the National Agreement. Auxiliary routes are not available as hold-downs because they are not full-time. (Step 4, H8N-5B-C 14553, May 15, 1981, M-00625) Full-time flexible positions are not subject to opting because they are not bid assignments.

Except where a local past practice provides for a shorter period, vacancies lasting less than five days need not be filled as hold-downs. Clarifying the meaning of this five-day requirement, National Arbitrator Kerr held that opting is permitted when vacancies are expected to include five or more work days, rather than vacancies that span a period of five calendar days but may have fewer than five days of scheduled work. (W1N-5G-C 11775, March 20, 1988, C-5865) However, these anticipated five days may include a holiday (H8N-4E-C 14090, July 1, 1982, M-0237)

An employee does not become entitled to a hold-down assignment until the “anticipated” vacancy actually occurs. Thus, an employee who successfully opts for a vacancy that fails to materialize is not guaranteed the assignment.

Temporarily Vacant Carrier Technician Assignments. Temporarily vacant Carrier Technician assignments are not filled under the opting provisions of Article 41.2.B.3 & 41.2.B.4. Rather, they are higher level assignments filled under the provisions of Article 25. (Step 4, H8N-3P-C 25550, May 6, 1981, M-0276)

Posting and Opting. The National Agreement does not set forth specific procedures for announcing vacancies available for hold-downs. However, procedures for announcing vacancies and procedures for opting for hold-down assignments may be governed by Local Memorandums of Understanding (LMOU) or past practice (Memorandum, February 7, 1983, M-0446). The LMOU or past practice may include: method of making known the availability of assignments for opting, method for submission, a cutoff time for submission, and duration of hold-down. In the absence of an LMOU provision or mutually agreed-upon local policy, the bare provisions of Article 41.2.B apply. In that case, there is no requirement that management post a vacancy, and carriers who wish to opt must learn of available assignments by word of mouth or by reviewing scheduling documents.

Duration of Hold-Down. Article 41.2.B.5 provides that once an available hold-down position is awarded, the opting employee “shall work that duty assignment for its duration.” An opt is not necessarily ended by the end of a service week. Rather, it is ended when the incumbent carrier returns, even if only to perform part of the duties—for example, to case but not carry mail.

Exceptions to the Duration Clause. There are situations in which carriers temporarily vacate hold-down positions for which they have opted—for example for vacation. Such an employee may reclaim and continue a hold-down upon returning to duty. (Step 4, H4N-3U-C 26297, April 23, 1987, M-0748) If the opting employee’s absence is expected to include at least five days of work, then the vacancy qualifies as a new hold-down within the original hold-down. Such openings are filled as regular hold-downs, such that the first opting carrier resumes his or her hold-down upon returning to duty—until the regular carrier returns.

An opting employee may bid for and obtain a new, permanent full-time assignment during a hold-down. A national prearbitration settlement (H1N-5G-C 22641, February 24, 1987, M-00669) established that such an employee must be reassigned to the new assignment. If there are five or more days of work remaining in the hold-down, then the remainder of the hold-down becomes available to be filled by another opting carrier.

An employee on a hold-down assignment may accept a temporary supervisory position (204b). However, the hold-down must be reposted for the duration of the remainder of the original vacancy provided it is for five days or more. A carrier who has accepted a 204b detail only retains the right to the hold-down until it is awarded to another letter carrier.

An employee on a hold-down assignment may voluntarily terminate the assignment to accept a higher level assignment under the provisions of Article 25. In such cases, the vacancy must be made available for opting for the duration of the original vacancy, provided it is for five days or more.

Involuntary Reassignment and Hold-Downs. The duration provision in the National Agreement generally prevents the involuntary removal of employees occupying continuing hold-down positions.

National Arbitrator Bernstein (H1N-3U-C 10621, September 10, 1986, C-06461) held that an employee may not be involuntarily removed from (or denied) a hold-down assignment in order to prevent his or her accrual of overtime pay (See “Eligibility,” above). For example, suppose an employee who worked eight hours on a Saturday then began a forty-hour Monday-through-Friday hold-down assignment. Such an employee may not be removed from the hold-down even though he or she would receive overtime pay for the service week.

Article 41.1.A.7 of the National Agreement states that unassigned fulltime regular carriers may be assigned to vacant residual full-time duty assignments for which there are no bidders. However, National Arbitrator Mittenthal ruled that an unassigned regular may not be involuntarily removed from a hold-down to fill a residual full-time vacancy (H1N-3U-C 13930, November 2, 1984, C-04484) Of course, management may decide to assign an employee to a residual vacancy pursuant to Article 41.1.A.7 at any time, but the employee may not be required, and may not volunteer, to work the new assignment until the hold-down ends.

Removal From Hold-Down. There are exceptions to the rule against involuntarily removing employees from their hold-downs. Part-time flexible employees may be “bumped” from their hold-downs to provide sufficient work for full-time employees. Full-time employees are guaranteed forty hours of work per service week. Thus, they may be assigned work on routes held down by part-time employees if there is not sufficient work available for them on a particular day. (H1N-5D-C 6601, September 11, 1985, M-00097)

In such situations, the part-time flexible employee’s opt is not terminated. Rather, the employee is temporarily “bumped” on a day-to-day basis. Bumping is still a last resort, as reflected in a Step 4 settlement. (H1N-5D-C 7441, October 25, 1983, M-00293), which provides that:

A PTF, temporarily assigned to a route under Article 41, Section 2.B, shall work the duty assignment, unless there is no other eight-hour assignment available to which a full-time carrier could be assigned. A regular carrier may be required to work parts or “relays” of routes to make up a full-time assignment. Additionally, the route of the “hold-down” to which the PTF opted may be pivoted if there is insufficient work available to provide a full-time carrier with eight hours of work.

Another exception occurs if the Local Memorandum allows the regular carrier on a route to “bump” the Carrier Technician to another route when the regular carrier is called in on a non-scheduled day to work on his/her own route. In such cases, the Carrier Technician is allowed to displace an employee who has opted on an assignment on the technician’s string if none of the other routes on the string are available. In such cases a part-time flexible employee’s opt is not terminated. Rather, he/she is temporarily “bumped” on a day-to-day basis. (See Step 4, N8-N-0176, January 9, 1980, M-00154.)

PTF Pay Status and Opting. Although a part-time flexible employee who obtains a hold-down must be allowed to work an assignment for the duration of the vacancy, he or she does not assume the pay status of the full-time regular carrier being replaced. A part-time flexible carrier who assumes the duties of a full-time regular by opting is still paid as a part-time flexible during the hold-down. While they must be allowed to work the assignment for the duration of the vacancy, PTF’s are not guaranteed eight hours daily or forty hours weekly work by virtue of the hold-down alone.

Nor do PTF’s receive holiday pay for holidays which fall within the hold-down period by virtue of the hold-down. Rather, they continue to be paid for holidays as PTFs per Article 11.7.

Schedule Status and Opting. Employees on hold-downs are entitled to work the regularly scheduled days and the daily hours of duty of the assignment. (See H8N-1M-C 23521, June 2, 1982, M-00239.) These scheduling rights assumed by all hold-down carriers, whether full-time or part-time, create some of the most perplexing problems in the opting process. In the area of schedule status, two key distinctions must be considered. First, there is a difference between a guarantee to work and a right to days off. The second distinction involves the appropriate remedy when an opting employee is denied work within the regular hours of a hold-down.

Scheduled Days and Opting. The distinction between the guarantee to work certain scheduled days and the right to specific days off is important.

An employee who successfully opts for a hold-down assignment is said to be guaranteed the right to work the hours of duty and scheduled days of the regular carrier. It must be noted, however, that days off are “assumed” only in the sense that a hold-down carrier will not work on those days unless otherwise scheduled. In other words, a hold-down carrier is not guaranteed the right to not work on non-scheduled days. Of course, this is the same rule that applies to the assignment’s regular carrier, who may, under certain conditions, be required to work on a non-scheduled day.

For example, suppose there is a vacant route with Thursday as the scheduled day off. The carrier who opts for such a route is guaranteed the right to work on the scheduled work days, but is not guaranteed work on Thursday. This does not necessarily imply that Thursday is a guaranteed day off; the carrier on a hold-down may be scheduled to work that day as well, either on or off the opted-for assignment. However, management may not swap scheduled work days with days off in order to shift hours into another service week to avoid overtime or for any other reason. To do so would violate the guarantee to work all of the scheduled days of the hold-down.

Remedies and Opting. Where the record is clear that a PTF was the senior available employee exercising a preference on a qualifying vacancy, but was denied the opt in violation of Article 41.2.B.4 , an appropriate remedy would be a “make whole” remedy in which the employee would be compensated for the difference between the number of hours actually worked and the number of hours he/she would have worked had the opt been properly awarded.

In those circumstances in which a PTF worked forty hours per week during the opting period (or forty-eight hours in the case of a six day opt), an instructional “cease and desist” resolution would be appropriate. This would also be an appropriate remedy in those circumstances in which a reserve letter carrier or an unassigned letter carrier was denied an opt in violation of Article 41.2.B.3.

In circumstances where the violation is egregious or deliberate or after local management has received previous instructional resolutions on the same issue and it appears that a “cease and desist” remedy is not sufficient to insure future contract compliance, the parties may wish to consider a further, appropriate compensatory remedy to the injured party to emphasize the commitment of the parties to contract compliance. In these circumstances, care should be exercised to insure that the remedy is corrective and not punitive, providing a full explanation of the basis of the remedy.

41.2.B.6 6. Relative Seniority Standing

(a) In cases of appointment on the same day, where there is a tie in seniority, the relative standing on the appointment register will determine the more senior carrier.

(b) Part-time flexible letter carriers shall be converted to fulltime positions of the same designation and PS salary level in the order of their standing on the part-time flexible roll.

7. Seniority Tie Breaker

Except as otherwise specifically provided for in this Agreement, effective the date of this Agreement, when it is necessary to resolve a tie in seniority between two or more Carrier Craft employees, the following criteria shall apply in the order set forth below:

(a) Total continuous postal career service in the Carrier Craft within the installation.

(b) Total postal career service in the Carrier Craft within the installation.

(c) Total postal career service in the Carrier Craft.

(d) Total postal career service.

(e) Total postal service.

(f) Total federal service as shown in the service computation date on the employee’s Form 50.

Seniority Tie Breaker. The seniority tie breaker provisions of Article 41.2.B.7 come into play only if the “relative standing on the appointment register” rule of Article 41.2.B.6 fails to resolve a tie in seniority. In that case the tie is resolved by applying the tie-breaking steps of Article 41.2.B.7(a)-(f). Each step is applied in sequence until the tie is broken; i.e., if (a) does not resolve the tie then (b) is applied, and so forth. The “leave computation date,” currently box 14 of PS Form 50, is used to determine “total federal service” for the purpose of applying Article 41.2.B.7(f). (See Step 4 E90N-4E-C 95058006 M-01469 August 29, 2002.)

C. Responsibility for Administration

The Employer shall be responsible for the day-to-day administration of seniority rules. Every installation, station, branch, and/or delivery unit shall have a roster posted in an appropriate place listing all carriers in order of seniority number. Said roster shall be updated during the months of July and January of every calendar year.

D. Transfers, Separations, etc.

Changes in which seniority is restored as if service had been continuous:

Article 41.2.C and 41.2.D contains some of the exceptions to Article 41.2.A.2.’s requirement that for a carrier’s seniority to be computed continuously from the date of appointment in the Letter Carrier craft, the carrier must serve without interruption in the carrier craft and work in the same installation.

41.2.D.1 1. On reinstatement or reemployment after separation caused by disability, retirement or injury on duty or resignation because of personal illness, and the employee so stated in the resignation and furnished satisfactory evidence for inclusion in the personnel

folder, the employee shall receive seniority credit for past service and for time on the disability retirement or for the injury or the illness if reinstated or reemployed in the same postal installation and in the same or lower PS salary level from which originally separated; provided application for reinstatement or reemploy-ment is made within six months from the date of recovery. The date of recovery in the case of disability must be supported by notice of recovery from the Bureau of Retirement, Insurance and Occupational Health, Office of Personnel Management, or the Office of Workers’ Compensation Programs; and in the case of injury on duty or resignation due to illness, by a statement from the applicant’s attending physician or practitioner.

2. Letter carriers who enter the military shall not have their seniority broken or interrupted because of military service.

Letter carriers restored to duty following military service will have their full uninterrupted seniority restored even if involuntarily returned to an installation other than the one they left.

Historical Note. The 1971 National Agreement, which covered all seven crafts, contained the following provision in Article 12, Seniority, Section 2:

On restoration in the same craft in the same installation after return from military service, transfer under letter of authority or unjust removal, employee shall regain the same seniority rights he would have if not separated (emphasis added).

In the 1973 National Agreement the new letter carrier craft seniority provisions deleted the “in the same installation” language in the new Article 41.2.D.2 language. In contrast, all the other crafts have retained the “in the same installation” language in their craft seniority provisions. Consequently letter carriers returning from military service are provided a different level of seniority protection than those returning to other crafts which only allow uninterrupted seniority if the employee returns to the same installation.

41.2.D.3 3. Letter carriers in leave without pay status while serving as Union officers on either part-time or full-time basis shall retain their former seniority and have their seniority computed as though they had remained in an active duty status.

41.2.D.4 4. Letter carriers who are restored to duty in the same installation after unwarranted or unjustified separation shall have their seniority computed as though they had remained in an active duty status.

5. Letter carriers who are changed from a higher level position within the Letter Carrier Craft to a lower level position in the Letter Carrier Craft, whether voluntary or involuntary, shall not have their seniority broken.

There are other exceptions to Article 41.2.A.2.’s requirement that for a carrier’s seniority to be computed continuously from the date of appointment in the Letter Carrier craft, the carrier must serve without interruption in the carrier craft and work in the same installation.

• On returning to the Letter Carrier craft following assignment to another craft to work a permanent light- or limited-duty assignment (see Article 13.4.I).

• Upon involuntary reassignment because of: (a) the discontinuation or consolidation of an independent installation; (b) the transfer of a classified station or branch to the jurisdiction of another installation; or (c) the creation of an independent installation out of a classified station or branch. (Article 12.5.C.1.b. & d.; 12.5.C.2.a.; 12, 5.C.3.a.; 12.5.C.5.b(1)(a).)

41.2.E E. Change in Which Seniority is Modified

When mutual exchanges are made between letter carriers from one installation to another, the carriers will retain their seniority or shall take the seniority of the other exchangee, whichever is the lesser.

Article 41.2.E applies only to mutual exchanges—between part-time flexible carriers as well as between full-time carriers. This contractual provision does not mean that exchanging carriers exchange their routes as well as their positions. The routes involved in the exchange are posted in accordance with the provisions of Article 41.1. Note that the Employee and Labor Relations Manual (ELM) provides the following:

351.61 Mutual Exchanges—General Policy Career employees may exchange positions (subject, when necessary, to the provisions of the appropriate collective-bargaining agreement) if the officials in charge at the installations involved approve the exchange of positions. Mutual exchanges must be made between employees in positions at the same grade levels. The following employees are not permitted to exchange positions:

a. Part-time flexible employees with full-time employees.

b. Bargaining unit employees with nonbargaining employees.

c. Nonsupervisory employees with supervisory employees.

Effective with the 2006 National Agreement, for the purposes of mutual exchanges, city letter carriers in grades CC-01 and CC-02 are considered as being in the same grade.

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO Re: Mutual Exchanges

The parties agree that in applying the relevant provisions of Section 351.6 of the Employee and Labor Relations Manual, city letter carriers in grades CC-01 and CC-02 are considered as being in the same grade. This agreement applies solely to determining whether employees are eligible for mutual exchanges.

Date: September 11, 2007

For additional information on mutual exchanges, see Article 12 pages 12-44-12-45.

41.2.F F. Return From Any Position for Which Selection Was Based on Best Qualified

Effective July 21, 1978, when an employee, either voluntarily or involuntarily returns to the Letter Carrier Craft at the same installation, seniority shall be established after reassignment as the seniority the employee had when leaving the Letter Carrier Craft without seniority credit for service outside the craft.

Permanent supervisory positions, but not 204b positions (Article 41.1.A.2), are among the position(s) for which selection is “based on best qualified.” This provision can be understood only when read in conjunction with Article 12.2.B.2. When these two sections are read together, they provide for three different situations concerning the seniority of a carrier who leaves the bargaining unit for a position based on best qualified, and who then returns to the carrier craft in the same installation on or after July 21, 1978:

1. If the Carrier left the unit prior to July 21, 1973, then Article 41.2.F would apply, and the Carrier would pick up whatever seniority he or she had at the time of departure from the unit, but would not receive credit for time spent out of the unit.

2. If the Carrier left the unit on or after July 21, 1973 and returned within two years, then Article 41.2.F again applies and the Carrier would receive credit for the seniority he or she had prior to leaving the Unit.

3. A Carrier who left the unit on or after July 21, 1973 and returns later than two years following the date of departure, begins a new period of seniority. (Article 41.2.F. does not apply; rather Article 12, 2.B.2 takes care of the entire matter)

CARRIERS RETURNING TO THE BARGAINING UNIT AT THE SAME INSTALLATION AFTER JULY 21, 1978

(Having never left the installation)

Left craft before July 21, 1973 Left craft on or after July 21, 1973
Outside of bargaining unit two years or less Not Applicable Loses only time spent outside of the bargaining unit
Outside of bargaining unit two years or more Loses only time spent outside of the bargaining unit Begins a new period of seniority

Note that the above rules do not apply in situations where an employee is awarded a best qualified position in a different installation and later returns

to the letter carrier craft in the original installation. In such cases Article 41.2.A.2 requires that the employee begin a new period of seniority.

Arbitrator Snow held in H7N-4U-C 3766, August 30, 1990 (C-10147) that when a former supervisor is reassigned to the letter carrier craft, his/her fulltime or part-time status is to be determined by reference to the seniority provisions of the Agreement. If a former letter carrier in a supervisory status transfers to another installation, all seniority is lost and the former supervisor can only be reinstated as a part-time flexible. Seniority cannot be regained even if the employee subsequently returns to the installation where he/she served as a letter carrier. The loss of seniority is permanent regardless of whether the employee spent more or less than two years as a supervisor.

41.2.G G. Changes in Which a New Period of Seniority is Begun:

1. When an employee from another agency transfers to the Letter Carrier Craft.

2. Except as otherwise provided in this Agreement, when an employee from another USPS craft is reassigned voluntarily or involuntarily to the Letter Carrier Craft.

An employee from another Postal Service craft who is transferred, either voluntarily or involuntarily, to the letter carrier craft will begin a new period of seniority—except when the assignment qualifies under the provisions of Article 13.6.A., pertaining to cross-craft reassignments of employees for the purpose of assuming light-duty assignments.

3. When a letter carrier transfers from one postal installation to another at the carrier’s own request (except as provided in subsection E of this Article).

4. Any former employee of the U.S. Postal Service entering the Letter Carrier Craft by reemployment or reinstatement shall begin a new period of seniority, except as provided in subsections D.1 and D.4 above.

5. Any surplus employees from non-processing and non-mail delivery installations, area offices or the United States Postal Service Headquarters, begin a new period of seniority effective the date of reassignment.

41.3.A Section 3. Miscellaneous Provisions

A. The carrier may use stools while casing mail and performing other office duties, provided the use of such stools does not interfere with or affect efficiency and standard job performance.

B. The Employer will not assess or hold a carrier responsible for incorrect fees collected on mail improperly rated prior to being distributed to the carrier, who is expected to exercise reasonable care and judgment in the matter.

C. The Employer will not assess or hold a carrier responsible for faulty checks accepted in payment for postal fees or postal charges provided the carrier follows regulations governing the acceptance of checks.

The regulations governing the acceptance of checks are contained in Chapter 3 of Handbook F-1. However, it is local management’s responsibility to insure that letter carriers are trained in the procedure for properly accepting a check for postal fees and/or services.

D. The Union has the right to appeal the granting of an exception to the 52 calendar day period to make route adjustments pursuant to Section 211.3 of the M-39 directly to Step B of the grievance procedure. Such appeal must be made within 14 days of receipt of the written notification.

Article 41.3.D provides that the Union may appeal the granting of an exception to the fifty-two calendar day period to make route adjustments pursuant to Section 211.3 of the M-39 directly to Step B of the grievance procedure. However, if a grievance concerning the granting of an exception is filed at Informal or Formal Step A instead, it is not procedurally defective for that reason. This section was added to the 2001 National Agreement to incorporate a prior agreement on this issue into the contract in a manner consistent with the revised provisions of Article 15.

In accordance with M-39, Section 211.3, adjustments to routes, if needed as a result of either management-initiated or employee-initiated inspections, must be made within fifty-two days of the completion of the mail count unless an exception is approved by the district manager.

211.3 In selecting the count period, remember that all route adjustments must be placed in effect within 52 calendar days of the completion of the mail count, and no major scheme changes should be made between the period November 15 and January 1. Exceptions must be approved by the district manager. The local union will be notified promptly of any exception(s) granted.

These provisions are addressed in the following memorandum of understanding on dated July 21, 1987.

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

Re: Special Count and Inspection – City Delivery Routes

The United States Postal Service and the National Association of Letter Carriers, AFL-CIO, agree that it is in the best interests of the Postal Service for letter carrier routes to be in proper adjustment.

Therefore, where the regular carrier has requested a special mail count and inspection, and the criteria set forth in Part 271g of the Methods Handbook, M-39, have been met, such inspection must be completed within four weeks of the request, and shall not be delayed. If the results of the inspection indicate that the route is to be adjusted, such adjustment must be placed in effect within 52 calendar days of the completion of the mail count in accordance with

Section 211.3 of the M-39 Methods Handbook. Exceptions may be granted by a Division General Manager only when warranted by valid operational circumstances, substantiated by a detailed written statement, which shall be submitted to the local union within seven days of the grant of the exception. The union shall then have the right to appeal the granting of the exception directly to Step 3 of the grievance procedure within 14 days. Date: July 21, 1987

Exceptions may be granted by the District Manager when warranted by valid operational circumstances. In such cases management must provide the local union a detailed written statement substantiating the cir-cumstance(s). The parties have not defined what constitutes “valid operational circumstances.” Challenges to the basis for granting extensions should be considered on a case by case basis on individual merits. The union may appeal the granting of an extension to Step B within fourteen days of notification of the extension.

41.3.E E. When the Employer requires the use of certain supply items for the proper performance of a carrier’s functions, such items will be supplied by the Employer.

F. A newly appointed carrier or a carrier permanently assigned to a route with which the carrier is not familiar will be allowed a reasonable period to become familiar with the route and to become proficient.

G. The Employer will advise a carrier who has properly submitted a Carrier Auxiliary Control Form 3996 of the disposition of the request promptly after review of the circumstances at the time. Upon request, a duplicate copy of the completed Form 3996 and Form 1571, Report of Undelivered Mail, etc., will be provided the carrier.

If, while in the normal course of picking up DPS mail, a letter carrier determines the need to file a request for overtime or auxiliary assistance (or to amend a request that was previously filed), the carrier may do so at that time. The supervisor will advise the letter carrier of the disposition of the request or amended request promptly after review of the circumstances. This does not apply if the local parties have agreed upon a practice where the letter carrier has access to their DPS mail prior to filling out the request for overtime/auxiliary assistance. (Pre-arbitration Settlement, H90N-4H-C 94048405, October 21, 1998, M-01366)

H. The Postal Service recognizes that representatives of the NALC should be permitted to use available telephones. Accordingly, the Employer at the local level shall establish a reasonable policy regarding the use of telephones by authorized Union officials and stewards for calls relating to the administration of the National Agreement. The policy will be made known to the President of the NALC Branch.

I. Carriers shall not finger mail when driving, or when walking up or down steps or curbs, when crossing streets, or at any time it would create a safety hazard to the carriers or the public. Consistent with the efficiency

of the operation, mail shall be placed in the delivery sequence in a bun-dle(s) during strapping out. The Employer shall not be required to conduct a special count or route inspection as a result of this Agreement.

Although there have been no significant Step 4 settlements or arbitration awards interpreting Article 41.3.I, it is wise to bear in mind how arbitrators have generally approached the question of whether employees are justified for refusing to work in a particular place or in a particular fashion because of what the employee believes are unsafe conditions. First, there is the “iron rule” stating that an employee must “obey now and grieve later.” Second, there is a narrow exception to that rule which permits an employee to disobey where he or she has a reasonable or good-faith belief that to obey would cause imminent danger to life or limb. A mere belief that a safety hazard exists is usually insufficient reason to disobey an order.

41.3.J J. The Employer agrees that, except in matters where there is reasonable cause to suspect criminal activity, postal management or inspectors shall not inspect lockers unless the employee or the Union representative has been given the opportunity to be present. For a general inspection, in which a number of lockers are to be inspected, where employees have had prior notification of at least a week, the above is not applicable.

K. Supervisors shall not require, nor permit, employees to work off the clock.

Rest Breaks. National Arbitrator Britton ruled that the Postal Service must ensure that all employees stop working during an office break. Contractual breaks must be observed and cannot be waived by employees. (H4N-3D-C 9419, December 22, 1988, C-08555)

41.3.L L. In the interest of safety and health and other appropriate considerations, representatives designated by the NALC will be given an opportunity to examine, comment and to submit recommendations on new vehicle specifications during their development and before the specifications are transmitted to potential contractors, before manufacturing and upon completion of vehicles.

M. The NALC will be informed concerning changes in existing regulations relating to the duties and functions of city letter carriers. Further, it is agreed that when changes of a substantive nature are made they will only be made in accordance with the contractual obligations already binding upon the parties under Article 34, “Work and/or Time Standards.”

N. Letter Carriers may cross lawns while making deliveries if customers do not object and there are no particular hazards to the carrier.

Lawn Crossing. Although in his Cincinnati Lawn Crossing decision (August 20, 1979, NC-NAT-13212, C-03228) National Arbitrator Sylvester Garrett did not set down clear standards for determining when customers have objected to “carriers” crossing their lawns and when hazards exist which would make crossing lawns unsafe. Garrett did set down the following general guidelines:

1. A carrier may be instructed broadly to take all “obvious shortcuts” and to cross all lawns where there is no reason to believe the customer may object. However, the determination of what constitutes an obvious shortcut or whether a hazard exists is made in the first instance by the carrier. The carrier’s judgment can be exercised only in the light of the specific conditions at the location involved.

2. A supervisor may conclude, after personal observation and discussion with the carrier, that a particular lawn should be crossed and order the carrier to cross the lawn. The carrier may not ignore such an order with impunity. His remedy is to file a grievance. However, discipline should not be imposed upon a carrier who had exercised his discretion and not crossed lawns, merely because a supervisor later decides that some of the lawns could have been crossed.

3. The only proper instruction before and during route inspection is that the carrier deliver the route “in exactly the same manner as he does throughout the year.” During the route inspection the Examiner “observes but does not supervise.” Therefore, “A carrier cannot.. .be directed on the day of a route inspection to take any shortcuts which the carrier does not use throughout the year.”

41.3.O O. The following provision without modification shall be made a part of a local agreement when requested by the local branch of the NALC during the period of local implementation; provided, however, that the local branch may on a one-time basis during the life of this Agreement elect to delete the provision from its local agreement:

“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, highway, 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) or full-time duty assignment(s) was abolished shall be posted for bid in accordance with the posting procedures in this Article.”

That provision may, at the local NALC Branch’s request during local implementation, be made applicable (including the right to delete it) to selected delivery units within an installation. For purposes of applying that provision, a delivery unit shall be a postal station, branch or ZIP code area. Any letter carrier in a higher level craft position who loses his/her duty assignment due solely to the implementation of that provision shall be entitled to the protected salary rate provisions (Article 9, Section 7) of this Agreement.

Branch Option on Article 41, Section 3.O. It is a branch’s option to insert (or not insert) the Article 41.3.O language in its Local Memorandum of Understanding during local implementation. Management may not refuse the branch’s request to insert the language during local implementation. The branch also may change its mind and, once during the term of the National Agreement, elect to delete the provision from the LMOU.

Note that the reference to Article 9.7 in Article 41.3.O is obsolete. The protected salary rate provisions are currently found in Article 9.6.

National Arbitrator Briggs held in J94N-4L-C 98009292, October 31, 2003 (C-24768) that a route change of greater than 50 percent does not constitute an abolishment under Article 41.3.O of the National Agreement. This rule does not negate the provisions of Article 30.C or the Article 30 Memorandum, which address existing LMOU provisions (see page 30-7).

National Arbitrator Snow held that when routes are posted under the provisions of Article 41.3.0 it must be done “in accordance with the posting procedures in this Article.” (B90N-4B-C 92021294, March 22, 1996, C-15248) This reference is to Article 41.1.B.2 which provides that postings shall be installation-wide unless the local agreement or established past practice provides otherwise. Thus, if a branch has installation-wide bidding for vacant or newly created duty assignments, then all assignments in the affected carrier’s delivery unit which are junior to that carrier’s assignment must be posted for bid on an installation-wide basis. Incumbent letter carriers retain their assignments unless and until displaced by another letter carrier as a result of the bidding process.

An exception to this rule occurs if a branch has defined separate sections for excessing purposes and if an employee has been excessed from the section under the provisions of Article 12.5.C.4. Since Article 12.5.C.4(c) provides the reassigned employee with retreat rights in such cases, as long as an employee has such retreat rights to the section, bidding under the provisions of Article 41.3.0 is also limited to employees from the section at the same salary level as the vacancy.

Carrier Technician Assignments. In a national level settlement (H1N-3A-C 30176, February 6, 1987, February 6, 1987, M-00694), the parties agreed that:

If a local Memorandum of Understanding contains the Article 41.3.0 language and changes in T-6 [Carrier Technician] strings are so great that the assignments are abolished, they should be reposted in accordance with Article 41.3.0 If a local Memorandum of Understanding does not contain 41.3.0 language, reposting is not required. Changing one route in a T-6 [Carrier Technician] string is not a cause for reposting regardless of local Memorandum of Understanding provisions.

In a Step 4 Settlement dated July 26, 1990 ( H4N-3A-C 62482, M-00986) the parties agreed that Carrier Technician positions should be included in postings under Article 41.3.0.

VOMA Positions Not Included. Vehicle Operations Maintenance Assistant (VOMA) positions are multicraft positions. The abolishment of a VOMA position does not trigger the provisions of Article 41.3.0; nor are VOMA positions included when assignments are posted under Article 41.3.0.

Excessing. Vacant residual letter carrier assignments properly withheld under the provisions of Article 12.5.B.2 are not included when full-time carrier assignments are posted under the provisions of Article 41.3.0.

If Article 41.3.O is triggered in a unit where full-time employees have received advance notice of the date of excessing, such employees have the right to participate in the bidding under Article 41.3.O until the excessing actually occurs. However, if an employee is actually excessed prior to the closing date of the posting, the bid is void.

P. The Employer shall promptly notify the local Union President of any job-related vehicle accidents involving city letter carriers.

Q. The Employer agrees to continue efforts to improve the comfort and temperature level in postal vehicles.

R. A seasonal route is a route on which the weekly hours of required service are substantially increased as a result of an increase in the number of customers served during a specific period each year. These routes are generally located in resort or vacation areas. The following steps will be taken in regard to the service of those routes during the abnormal period or periods:

(a)The duration of the seasonal periods shall be determined by management after discussion with the local Union.

(b)During those periods, auxiliary assistance if requested shall be provided to the maximum extent possible.

S. City letter carrier mail counts and route inspections and adjustments shall be conducted in accordance with Methods Handbook M-39, Management of Delivery Services, as modified by the parties’ Memorandum of Understanding dated July 21, 1981 and October 22, 1984 (incorporated into December 24, 1984 Award).

[See Memos, pages 196-208]

41.3.P

41.3.S

These Memos are located in the JCAM, pages 41-56.

Article 41.3.S requires that city letter carrier routes be inspected and adjusted in accordance with the Methods Handbook M-39. The memorandums of understanding referenced in this section have been incorporated into the current version of the M-39 and thus no longer appear in the printed version of the contract.

Special Route Inspections are governed by the provisions of M-39, Section 270 reprinted below:

270 SPECIAL ROUTE INSPECTIONS 271 WHEN REQUIRED

Special route inspections may be required when one or more of the following conditions or circumstances is present:

a. Consistent use of overtime or auxiliary assistance. (When the X-Route process is utilized, routes may be “built up” no more than 8 Hours and 20 Minutes during the interim period, see Memorandum of Understanding dated September 17, 1992.)

b. Excessive undertime.

c. New construction or demolition which has resulted in an appreciable change in the route.

d. A simple adjustment to a route cannot be made.

e. A carrier requests a special inspection and it is warranted.

f. Carrier consistently leaves and/or returns late.

g. If over any 6 consecutive week period (where work performance is otherwise satisfactory) a route shows over 30 minutes of overtime or auxiliary assistance on each of 3 days or more in each week during this period, the regular carrier assigned to such route shall, upon request, receive a special mail count and inspection to be completed within 4 weeks of the request. The month of December must be excluded from consideration when determining a 6 consecutive week period. However, if a period of overtime and/or auxiliary assistance begins in November and continues into January, then January is considered as a consecutive period even though December is omitted. A new 6 consecutive week period is not begun.

h. Mail shall not be curtailed for the sole puqrpose of avoiding the need for special mail counts and inspections.

272 MANNER IN WHICH CONDUCTED

When special inspections are made because of conditions mentioned in 271, they must be conducted in the same manner as the formal count and inspection.

Management initiated regular or special route inspections are conducted between the first week of September and May 31, excluding December. Employee-initiated special inspections, conducted pursuant to Section 271 g, of the M-39, must be completed within four weeks of the request for a route that qualifies even if the inspection has to be conducted during the months of June, July, or August (National Arbitrator Britton, H7N-NA-C 68, August 12, 1991, C-11099). Neither management-initiated nor employee-initiated route inspections are conducted during the month of December. The special route inspections provided for in this section are conducted in exactly the same manner as regular counts and inspections.

To qualify for a special route inspection, a route must show over thirty minutes of overtime or auxiliary assistance on each of three days or more in each of six consecutive weeks. The month of December is excluded from this six consecutive week period. Only the incumbent letter carrier on a route may make a request for a special route inspection under the provisions of M-39, Section 271.g. The Carrier Technician or a letter carrier who has opted on a route, or the union, for example, may not make the request.

The provisions of Section 271 refer to the route and not the carrier on the route, despite the fact that the purpose of any such inspection is to adjust the route to the individual carrier. Thus the fact that the regular carrier on a route may have been absent for part of the six-week period

is not a factor in determining whether a route qualifies for a special inspection. (H1N-5D-C 12264, July 19, 1083, M-01262; Step 4, H1N-5C-C 22733, August 10, 1984, M-01263; Step 4, H8N-4B-C 21531, July 2, 1982, M-00688)

Once a route qualifies and the incumbent requests a special route inspection it can not be avoided by unilaterally providing relief, or making an adjustment. Special route inspections are not unit and route reviews. The right to a special route inspection is unaffected by the fact that the office involved may be undergoing, or be scheduled for, a unit and route review.

Time Limits. The time limit for initiating an Informal Step A dispute over the denial of a request for a special route inspection begins on the day the request is denied or on the last day the inspection could be started to comply with M-39 Section 271.g, whichever comes first. The time limit for initiating an Informal Step A dispute does not begin at the end of the six week qualifying period unless that is the date the request was denied. (E98N-4E-C 02007370, April 29, 2003, M-01486)

Performance deficiencies should be addressed in a timely manner. Once the request is made by the incumbent letter carrier, management should not try to avoid conducting the special route inspection by attempting to identify performance deficiencies after-the-fact. Unsatisfactory performance can be a reason for denying a special route inspection if reasonable efforts towards improving performance to a satisfactory level have not been successful and the reasons have been documented and discussed with the carrier during the six week period. Additionally, “Unsatisfactory conditions such as ‘poor case labels,’ ‘poor work methods,’ or ‘no route examiners available,’ should not be used as an excuse not to conduct the inspection within the 4-week time frame.”

DPS ISSUES

Adjustments in a DPS environment may be implemented by using the “Hempstead Methodology.” (See Memorandum, September 17, 1992 M-1114, Chapter 3, Building Our Future By Working Together.) Note that the Hempstead Methodology is used for two separate purposes: to establish TE entitlement and to adjust routes in a DPS environment.

In the unilateral process, management may use either the Hempstead Methodology or the traditional M-39 count and inspection procedures to implement route adjustments to capture DPS savings. In the X-Route process, the parties must agree to use the traditional M-39 count and inspection process. Upon completion of such M-39 count and inspections, the delivery unit may no longer use the Hempstead Methodology to adjust routes. (See Prearbitration Settlement, H94N-4Q-C 97026594, M-1284.)

Before the Hempstead Methodology is used, management must first develop a final target percentage for each delivery unit. In the X-Route process this percentage must be between 70 and 85 percent. Adjustments may occur when the target percentage has been reached and maintained for two weeks with a variance of no more than plus or minus 5 percent (See Step 4, H90N-4H-C 96002907, April 9, 1998, M-01312). When making Hempstead adjustments, the unit target percentage is applied to each individual route. Total DPS savings for the unit is the sum of the savings for the individual routes. (See Step 4, B94N-4B-C 97044293, July 28, 1997, M-1294.)

SIXTY-DAY REVIEWS. The September 17, 1992 Memorandum entitled Resolution of Issues Left Open by Mittenthal Award of July 10, 1992 (M-01114) provides that:

Within 60 days of implementing the planned adjustments for future automated events, the parties will revisit those adjustments to ensure that routes are as near to 8 hours daily, as possible. Both the planned adjustments and subsequent minor adjustments that may be necessary to ensure compliance will be based on the most recent route inspection data for the route. However, if the future event occurs after the 18-month time limit expires, a new mail count, route inspection and evaluation must occur, unless the local parties agree otherwise.

Adjustments required pursuant to the sixty-day review should be implemented within the sixty-day review period. The parties recognize, however, that adjustments within the sixty-day review period may not be possible where there are valid operational circumstances which warrant an exception. When management asserts that valid operational circumstances warrant an exception to the sixty-day period, it must submit a detailed written statement substantiating the asserted circumstances to the local union within seven days following the expiration of the sixty-day period. Disputes concerning the asserted operational circumstances will be resolved through the grievance/arbitration procedure. (See Prearbitration Settlement, Q94N-4Q-C 96091697, December 3, 1997, M-1268.)

No prohibition exists that restricts management from also conducting a one-day count in conjunction with the sixty-day reexamination of planned adjustments. Special Office Mail Counts (see M-39, 141.2) are conducted when management desires to determine the efficiency of a carrier in the office, and cannot form the sole basis for route adjustments. The only time restraint imposed by the M-39 is that the carrier must be given one-day’s advance notification. (See Step 4 Settlement, H90N-4H-C 96077604, January 6, 1997, M-01278)

Case Configuration. Upon implementation of DPS, local managers and union representatives jointly determine, on a route by route basis, which of the two currently approved casing work methods is the most efficient for a route. (Chapter 5, Building Our Future By Working Together)

Selection of a route’s work method is by agreement of the local union and management and must be based on efficiency, taking into consideration the impact on street time as well as office time, and the need for additional space and casing equipment. If the local parties cannot agree, the matter should be quickly forwarded to the parties at the national level for a joint resolution (see the March 21, 2000 Memorandum of Understanding on City Letter Carrier DPS Work Methods on page 41-46).

The two currently approved work methods are:

Vertical Flat Casing Work Method (VFC) allows for the casing of residual letters with vertically cased flats and carrying the combined flats/residual mail as a single bundle and carrying the DPS letters as a second bundle.

Composite Bundle Work Method allows for the casing and pulling down of residual letter mail separately, and carrying it separately as a third bundle.

The local parties are encouraged to develop efficient new work methods. If one is developed, it must be submitted to the national parties for evaluation of efficiency and approval prior to implementation.

The VFC work method is not the “One-Bundle System” as found in Section 222 a. of the M-41. The “One-Bundle System,” the “Two-Bundle System,” (Section 222 b.) and the “Modified Two-Bundle System” (Section 222 c.) are pre-DPS systems for casing and preparing mail. As noted above, when a delivery unit implements DPS, the local managers and local union representatives must select one of the two approved work methods, whichever is most efficient.

In non-DPS offices the “Two-Bundle System” and the “Modified Two-Bundle System” casing systems may be used with four or five shelf letter cases. The use of the “One-Bundle System” on other than the standard six shelf letter case requires joint agreement. (Chapter 1, Building Our Future By Working Together)

The vertical casing of flats is an option in both non-DPS and DPS delivery units. When first introduced, the vertical casing of flats was implemented through a Memorandum dated January 10, 1990 (M-00983), with accompanying guidelines, that dealt with the number of shelves (four, five, or six) and the prerogative of letter carriers to have input into the size and number of separations within the case(s) on their routes. Section 221.7 of the M-41 (March 1, 1998) provides the authority to configure flat cases for vertically cased flats using four, five, or six shelves.

Casing Accommodations. In his June 9, 1997 arbitration award in case Q90N-4Q-C 93034541 (C-16863), Arbitrator Snow ruled that a city letter carrier on a park and loop route in a DPS environment who uses the Composite Bundle Work Method may not be required to work “marriage mail” behind addressed flats.

While his award settled the “Fourth Bundle” dispute over the handling of unaddressed flats on park and loop routes using the Composite Bundle Work Method on unaddressed flat days, it did not settle the issue of how unaddressed flats should be handled on the affected routes. Snow remanded this issue to the national parties for discussion and resolution. (Note: While the arbitration award dealt only with park and loop routes, the parties agreed that the ruling also impacted foot routes and foot delivery portions of mixed routes.)

By Memorandum dated August 12, 1997 (M-01303), the Postal Service and the NALC agreed to conduct a study to determine the relative efficiency of the composite bundle and vertical flat casing work methods, with and without unaddressed flats (see the March 21, 2000 Memorandum of Understanding on City Letter Carrier DPS Work Methods on page 41-46).

Pending the findings of the study, the Memorandum instructed the local parties to select the most efficient approach for handling unaddressed flats on those park and loop and foot routes in a DPS environment for which the composite bundle work method has been selected. This was to be done by September 6, 1997.

During this period, many delivery units were unable to agree on an accommodation for affected routes. As a consequence, by Memorandum dated September 12, 1997 (M-01304), those offices without an agreement were instructed to meet again, avoid extreme positions, and try to reach a resolution on the accommodation issue on affected routes by September 26. Absent agreement by the local parties on that date, the Memorandum stated that the national parties would impose a procedure for determining an interim approach. It additionally provided that until the local parties reached an agreement or began the resolution procedure specified by the national parties, the regular carrier on the route would determine the most efficient approach for handling unaddressed flats.

On September 26, the USPS-NALC Procedure for Determining Interim Approach was sent to the field (M-01305). The document established a procedure to compare the efficiency of a carrier’s selected approach to the efficiency of a baseline period, and was to be applied to each affected route on which the local parties had failed to reach an agreement. For each such route, all time used on the route on the first six days unaddressed flats were delivered after September 26 using the carrier’s selected approach, including auxiliary assistance and overtime, would be averaged to determine the average daily total work hours used on the route on those days. This daily total would be compared to the average daily total work hours used on each of the six days unaddressed flats were delivered immediately prior to August 4, 1997.

If the average daily total work hours using the carrier’s selected approach did not exceed the average daily total work hours of the comparison period prior to August 4, 1997, the carrier would continue with that approach during the interim period as long as the same level of efficiency was maintained.

If the comparison showed an increase in average daily total work hours with the carrier’s selected method, the delivery unit manager and the shop steward were to review the data to determine whether the increase was the result of an increase in office or street time. If an increase in office time was not the result of an increase in volume, or if the street time increased for any reason, or the carrier’s level of efficiency is not maintained during the interim period, management can select the approach for handling unad-dressed flats for the remainder of the interim period.

41.4 Section 4. City Carrier Transportation (Driveout) Agreements

It is agreed by and between the United States Postal Service and the National Association of Letter Carriers, AFL-CIO, that the following terms and conditions represent the basic understanding of the parties as to the administration of transportation agreements (driveout) of city carriers for the period of this Agreement.

1. The furnishing of a vehicle by a city carrier for transportation to and from the route shall be voluntary; no carrier may be coerced into furnishing a vehicle or carrying passengers or relays without the carrier’s consent. A written authorization (Form 1311) shall be executed by the installation head in every instance, with a copy of said authorization to be retained by the installation head and the carrier. Carriers shall not drive their cars to and from the route for their own personal convenience.

2. Reimbursement to a carrier who provides a vehicle shall be determined locally by written agreement between the carrier and installation head and shall be not less nor more than the sum of the amounts computed under each of the factors listed below, as applicable to the individual case.

3. All carriers furnishing a vehicle for transporting themselves, passengers and mail to and from the assigned routes shall be reimbursed on a mileage-zone basis as follows:

a. For transportation of carrier and carry-out swing from delivery unit to beginning of route when distance is / mile or more or from end of route if route begins less than, but ends more than / mile from delivery unit.

Mileage 0.5 to 1.0 1.1 to 1.5 1.6 to 2.0 2.1 to 3.0 3.1 to 4.0 4.1 to 5.0 Over 5

REIMBURSEMENT RATES

Daily Rate

$2.40 $2.65 $2.75 $2.90 $2.95 $3.25

$3.30 plus 20 cents per each additional mile (one way) over five miles to beginning of route.

b. When carriers use their vehicles as transportation for distances of more than / mile between segments of a route or routes, they will be reimbursed sixty cents for each such movement;

c. Sixty cents for each mail relay carried, up to a maximum of $3.00 daily;

d. Sixty cents per authorized ride for each carrier or supervisory passenger; and,

e. Thirty cents for each article transported larger than the size required to be delivered by foot letter carriers (2 lbs).

Article 41.4.3.e. Prior to the 1978 National Agreement “article” was “parcel.” The change was made so that the provision would apply to all classes of mail.

f. Part-time flexibles providing auxiliary assistance on one or more routes shall be paid at mileage-zone rates indicated above for the first route served, plus sixty cents for each additional authorized move of / mile or more.

4. Carrier Agreements in effect which provide allowances more favorable than those provided by the schedule in subsection 3 above shall continue in force for the duration of this Agreement unless terminated by either party upon thirty days written notice, or reassignment of the carrier.

Article 41.4 of the National Agreement does not apply to transitional employees. This issue is addressed by the parties’ joint Questions and Answers on TEs, question 41. The complete TE Q&As are found on pages 7-10-7-15.

QUESTIONS AND ANSWERS (42) NALC TRANSITIONAL EMPLOYEES

The attached jointly-developed document provides the mutual understanding of the national parties on issues related to NALC Transitional Employees. This document may be updated as agreement is reached on additional matters related to transitional employees.

Date: February 20, 2009

41. May transitional employees enter into City Carrier Transportation (Driveout) Agreements, as defined in Article 41.4 of the National Agreement? No. Article 41.4 does not apply to transitional employees. However in circumstances where the postmasters or station manager determines that use of a personal vehicle is necessary for business purposes, a transitional employee may voluntarily elect to use his/her vehicle. Such agreement must be made through PS Form 8048, Commercial Emergency Vehicle Hire, with the daily rate for vehicle use mutually agreed to by the postmaster or station manager and the employee. The postmaster or station manager must then forward the completed form to the servicing Vehicle Maintenance Facility manager.

41.5 Section 5. National Joint City Delivery Committee

There will be established at the national level a Joint City Delivery Committee. The Committee will be comprised of representatives of the Employer and five Union representatives appointed by the President of the NALC and will meet for the purpose of advising on problems affecting city delivery service and to present suggested changes and improvements in operating procedures. Such meetings will be held semiannual-ly at Postal Service Headquarters.

Agenda items shall be exchanged 15 working days in advance of the scheduled meeting, and written minutes shall be kept of all such Committee meetings. The City Delivery Committee shall receive notice of any proposed changes in any instructional booklet regarding the mail count and route inspection and adjustment system. Recommendations of the NALC representatives will be considered and may be adopted by mutual agreement of the Committee provided they are not in conflict with the National Agreement.

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

Re: Router, Carrier Craft

1. Router is a Grade 1 city letter carrier assignment.

2. Router duties consist of casing, routing and sequencing of mail for a specific group of routes. Assignments may include specific street duties as reflected in the assignment posting.

3. Router assignments shall be formed and bid as full-time duty assignments. Part-time router work assignments may be utilized consistent with 4 below.

4. The number of full-time router assignments shall be determined consistent with Article 7, Section 3 of the National Agreement.

5. The notice inviting bids shall include a listing of routes for which router’s duties will be performed by the posted assignment.

6. A router may be temporarily moved from his/her bid assignment only in “unanticipated circumstances,” pursuant to the provisions of Article 41, Section l.C.4. of the National Agreement.

7. A Grade 1 replacement router may be utilized where practical to cover the non-scheduled days of other router assignments.

Date: November 21, 2001

MEMORANDUM OF UNDERSTANDING

BETWEEN THE UNITED STATES POSTAL SERVICE AND THE JOINT BARGAINING COMMITTEE (American Postal Workers Union, AFL-CIO, and National Association of Letter Carriers, AFL-CIO)

Re: Training Committee

The Postal Service reaffirms its commitment to provide employees with training consistent with organizational needs. Additionally, the Postal Service recognizes the desirability of affording employees opportunities for self-development and will make training programs available to meet such needs.

The Postal Service will afford the Unions, at the national level, the opportunity to discuss concerns about specific training opportunities or programs. A Joint Committee on Training is hereby established at the national level which will consist of representatives of both parties. The Committee shall meet to discuss matters of mutual interest and benefit relating to training programs and opportunities. The Assistant Postmaster General, Training and Development Department, shall be the Employer’s chief representative on such Committee. The Committee may consider and develop pilot programs, improved training methods and strategies, and other matters related to employee training and educational opportunities. Issues concerning local training and educational opportunities including the use of postal facilities for noncompensable training in college accredited courses, publicity of self-development training opportunities, and other training and educational matters of mutual interest and benefit are appropriate subjects for resolution at local labor-management committee meetings.

Consistent with established regulations and operational needs, the Postal Service will give consideration to requests for leave without pay by employees for training and educational opportunities.

The parties agree to consult at the national level to define which specific training courses and/or programs are job-related and those which are self-developmental, including the conditions in which a particular course or set of courses could be either. The parties further agree to initiate such discussions at the national level within 90 days of the effective date of this agreement, and to jointly pursue agreed upon strategies and initiatives.

Date: July 21, 1987

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE AMERICAN POSTAL WORKERS UNION, AFL-CIO

Re: Use of Privately Owned Vehicles

The parties agree that the following represents the policy of the U.S. Postal Service and the American Postal Workers Union concerning the furnishing of privately owned vehicles (POV) by employees of the crafts represented by the APWU:

No craft employee represented by the APWU may be coerced into furnishing a vehicle or carrying passengers without the employee’s consent. The use of a personal vehicle is the decision of the employee and it is not the intent of the parties to discourage such use of personal vehicles when transportation is needed from one postal facility to another or in the completion of the employee’s assignment. When an employee begins his/her work day at one postal unit and is provided transportation to another unit to complete his/her tour of duty, that employee will be provided transportation back to the unit where his/her tour began if transportation is needed. If the employee ends tour at the new location the return trip will not be on the clock but transportation will be provided promptly by management upon request.

Date: July 21, 1987

(The preceding Memorandum of Understanding, Use of Privately Owned Vehicles, applies to Transitional Employees.)

SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES POSTAL SERVICE AND THE NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

Re: Segmentation

The United States Postal Service and the National Association of Letter Carriers, AFL-CIO, in joint discussion and consultation, have agreed on a set of principles governing the implementation of the segmentation concept as provided in the M-39 Handbook (see attachment).

These principles will ensure the efficiencies and effective implementation of the segmentation concept and ensure the fair and appropriate utilization of letter carriers in the performance of the work involved in segmentation.

Statement of Principles:

1. Segmentation of mail can efficiently be processed on automated or mechanized equipment. Such processing will be done by the craft designated to operate that equipment.

2. A manual, tertiary or delivery preparation operation is the manual sortation or preparation of mail that occurs after an incoming secondary operation and does not require memorization of distribution scheme items. A manual tertiary or delivery operation will be done by city delivery letter carriers provided the mail is for city delivery routes or post office box sections served by these routes and provided there is space available at the delivery unit. If space is not available, and sortation is done at a General Mail Facility, a mail processing center, or any other postal installation or facility within the installation, letter carriers will perform the manual tertiary sortation at such facilities. An incoming secondary operation normally requires memorization of distribution scheme items and is one which results in mail being sorted to carrier routes, firms, box section, nixies, postage dues, and other separations necessary for the efficient processing of mail.

3. Routers can be used to perform the manual tertiary sortation of mail segmentation whenever that is operationally feasible. Tertiary sortation duties may also be combined with other forms of letter carriers’ work to create full-time assignments.

4. Even though no arbitrary limitation is placed on the number of pieces in a segmentation, a limitation will, in effect, be imposed by whatever number of pieces is operationally effective and efficient for each operation in an installation.

Standard manual distribution cases that are used in delivery units should be fully utilized for sorting mail to carrier routes, box sections, postage dues, etc. Segmentations should contain sufficient volumes that can be sorted and pulled down efficiently. For example, a single delivery point or ZIP + 4 segment (blockface, apartment building, etc.) that averages two or three pieces a day should not normally take up space on the incoming, manual secondary case. Exceptions could be holdouts such as nixies, postage dues, etc., that require special treatment regardless of volume.

Segmentations are not necessarily static; therefore, manual secondary cases should be reviewed periodically to ensure that all cells are properly utilized in the most effective and efficient manner possible, consistent with operational or service needs.

5. Each installation will determine the type of equipment to be used in a tertiary sortation. Performance on that equipment will be done in accordance with the principle of a fair day’s work for a fair day’s pay which will normally be reflected in the general performance expectations for that equipment.

6. The parties understand that the tertiary sortation referenced here is the result of the implementation of the segmentation concept, which is presently described in the changes to the M-39 Handbook as presented to the National Association of Letter Carriers, AFL-CIO, on August 15, 1985. Any tertiary sortation established prior to June 16, 1983, will remain in effect unless changed by the installation. Changes made after June 16, 1983, but prior to implementation of this understanding, which are in conflict with this document, will be changed to conform.

7. The Employee Involvement process will be utilized to develop recommendations for use by the installations affected by this Agreement.

The National Association of Letter Carriers, AFL-CIO, and the United States Postal Service acknowledge that this Settlement Agreement is not an admission of fault or liability on the part of either party to this Agreement. The United States Postal Service and the National Association of Letter Carriers, AFL-CIO, also acknowledge that this Agreement sets forth all the terms for settling pending grievance H4N-NA-C 35. The parties agree to meet as soon as practicable to resolve all other outstanding grievances involving segmentation in a manner consistent with this Agreement. The United States Postal Service and the National Association of Letter Carriers, AFL-CIO, agree that the terms of the settlement contained in this document may not be added to or subtracted from, in any way. This Settlement Agreement is without prejudice to the positions of either party with respect to the interpretation or application of the National Agreement in any future proceeding between the parties. The effective date of this agreement is March 9, 1987.

MANAGEMENT OF DELIVERY SERVICES Handbook M-39 Transmittal Letter 11 November 15, 1985

116.8 Segmentation of Mail

.81 Definition. A major characteristic of the ZIP+4 data file is the segment, or the smallest unit to which distribution can be made. Segmentation is the sortation or preparation of mail into clusters or groupings for the purpose of achieving greater processing and/or carrier sortation efficiency. Using the ZIP+4 segment concept, segmentations may be prepared by customers or contract personnel prior to entry, or in postal operations prior to dispatch or receipt by the carrier. Examples of Segmentations include but are not limited to mail grouped by: unique ZIP+4 code, ZIP+4 blockface, multi-tenant buildings, box sections (including NDCBUs), or individual addresses.

Date: March 9, 1987

MEMORANDUM FOR POSTMASTERS, CITY DELIVERY OFFICES LOCAL PRESIDENTS, NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

SUBJECT: Joint Agreements

The NALC and USPS recognize that our continued existence as a viable organization is heavily dependent upon our ability to meet our customers’ needs while empowering employees to levels not previously envisioned.

As many of you are aware, we have strived at the National level to obtain an agreement on the implementation of automation of letter mail on carrier routes. We agreed then, and we agree now, on three basic principles:

—Provide the best service to postal customers (mailers and recipients). —Minimize impact on letter carrier craft employees. —Create an opportunity for increased efficiency.

Our mutual hope is that the following agreements will provide a basis for trust and coop-erativeness, and that they will form a basis on which to satisfy our customers’ needs. While each agreement may not accomplish all that each party may desire, collectively they will form the basis for a positive working relationship of mutual trust and respect, and the foundation for continued empowerment of all employees.

Case Configuration/Letter-Sized Mail

This agreement provides for a standard definition of letter-sized mail and provides guidelines for conducting route inspections when letter mail is cased into four- and five-shelf case configurations that have been established as a result of a joint agreement.

Transitional Employees—Issue Resolutions

Provides information on the transitional employee and highlights areas of apparent disparity of interpretation where mutual understanding has now been reached. Further, this agreement provides that a joint booklet on the transitional employee will follow.

X-Route Alternative

An optional alternative joint process is provided for preparing installations for the future automated letter mail environment. This agreement has many unique features and should be reviewed in detail before deciding its applicability.

Delivery Point Barcoding Work Methods

This agreement recognizes the substantial contributions that city letter carriers can make in the development of new work methods. It provides a five-step process that ensures a review of alternative methods and continued upgrading of work methods as the process evolves.

Route Adjustments—The Future

The parties have fashioned an agreement that provides clear guidance on procedures to be followed when preparing future route adjustments for letter mail automation in delivery units not selecting the X-route alternative.

Hempstead Resolution—The Past

We are remanding all pending grievances on route adjustments to the local parties for resolution. The parties will be guided by the principles of the above-cited agreements and must take into consideration the following factors.

—Was there a current event; that is, were the routes out of adjustment?

—How far in advance was the future event that was used to adjust the route? The parties have made no determination as to the appropriate time period.

—What was the projected timing of the upcoming event?

—What was the basis for determining the effect of the future event?

—How certain is that future event?

As you review each case, you will find that either:

—Management preplanned properly and the current structure is within the purview of this agreement; therefore, the current structure is valid;

or

—Management preplanned inappropriately or time frames have changed, negating the validity of the adjustment.

It is your obligation to make these joint determinations and to decide what remedy to apply and how to fix the problem if one is discovered. The parties should consider the impact of any decision on our employees who serve our customers and the impact on the customers which they serve. If the parties cannot resolve these cases, they may be appealed to regional arbitration.

Date: September 17, 1992.

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

RESOLUTION OF ISSUES LEFT OPEN BY MITTENTHAL AWARD OF JULY 10, 1992

Current Events and Adjustments

A current event is defined as a route or routes which are shown to be out of adjustment by a recent route inspection and evaluation. All current adjustments to existing routes will place the route on as near an 8-hour daily basis as possible, in accordance with Handbook M-39.

Adjustments Near Term—Automation

When routes require a current adjustment and Delivery Point Sequencing will commence within 6 months, management will adjust the routes using non-territorial, non-scheme change adjustments by the use of router assistance, segmentation or permanent handoffs as outlined in the M-39 Handbook Section 243.21b. The 6-month period runs from the first day after the week of route inspection.

Future Events and Adjustments—Automation

Management may utilize the results of a recent route inspection and evaluation to estimate and plan route adjustments, including realignment of assignments, that will be required by a future event which is to take place within 18 months. Management must provide documentation to the local union to support the deployment if they intend to plan the adjustments for a future event. The planned adjustments for future events will not be implemented until automation is on line and operative. Management may implement the planned adjustments if the actual percentage of Delivery Point Sequence (DPS) mail received at the unit is within plus or minus 5 percentage points of the targeted (in Step l) level. Should the actual percentage of DPS mail be outside these limits, then management must recalculate the estimated impact on carrier routes, based on the actual percentage of DPS mail being received at the unit. The results of the recent route inspection and evaluation will be used to determine a new impact and construct a new plan or management may wait for the plan levels to be received. The 18-month period runs from the first day after the week of route inspection. For purposes of this agreement, a future event is defined as mail being received at a delivery unit in DPS order.

Within 60 days of implementing the planned adjustments for future automated events, the parties will revisit those adjustments to ensure that routes are as near to 8 hours daily, as possible. Both the planned adjustments and subsequent minor adjustments that may be necessary to ensure compliance will be based on the most recent route inspection data for the route. However, if the future event occurs after the 18-month time limit expires, a new mail count, route inspection and evaluation must occur, unless the local parties agree otherwise.

Methodology

Where the future event is the introduction of Delivery Point Bar Coding (DPBC) for existing equipment or equipment that will cause a certain percentage of letter mail to be received by the unit in DPS, the following methodology will be used to estimate the impact of the event on city delivery routes:

Step 1. Determine the percentage of letter-sized mail targeted to be received in DPS order on the date when the adjustments will be implemented.

Step 2. Multiply percentage determined in Step l by the average letter-sized mail received during the week of count and inspection (from PS Form 1840, Column 1) to determine the number of letters for each route, targeted to be received in DPS order.

Step 3. Divide letters targeted to be received in DPS order (as determined in Step 2) by 18.

Step 4. Divide letters targeted to be received in DPS order (as determined in Step 2) by 70.

Step 5. Add results of Steps 3 and 4 to determine estimated impact.

Step 6. For routes where the carrier was under standard time during the week of count and inspection, multiply results of Step 5 by percentage of standard office time used during the week of inspection. The result is the estimated impact.

EXAMPLE 1:

80 Percent Target for Letter Mail Carrier at/over* Standard Time Allowance

2,700 Letters 80 Percent Automated

2,160 divided by 18 = 120 minutes 2,160 divided by 70 = 31 minutes

151 minutes = estimated impact

Note: If actual performance is over standard time allowance, the standard casing allowance of 18 pieces per minute is used.

EXAMPLE 2:

80 Percent Target for Letter Mail Carrier used 85 Percent of Standard Time Allowance

2,700 Letters 80 Percent Automated

2,160 divided by 18 = 120 minutes 2,160 divided by 70 = 31 minutes

151 minutes = estimated impact

(Step 6) 151 x 85 Percent = 128 minutes = estimated impact.

It is mutually agreed that as the parties develop experience in estimating the impact of future events, adjustments to the above described methodology may be jointly adopted at the national level.

Pending Grievances

All pending grievances which involve the adjustment of routes for future events will be remanded to the local parties for resolution.

Date: September 17, 1992.

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

X-Route Alternative

The parties have reached agreement on an alternative Route Adjustment strategy—X-Route. The decision to use the X-Route Concept is made on an installation wide basis, even though inspections and planning for individual units/zones may not occur at the same time. In units with more than one delivery unit/zone the planning process is repeated as each delivery unit/zone is inspected, assignments are evaluated and adjustments are planned.

X-Route Process

The X-Route process is an alternative approach to route adjustment in preparation for automation, particularly delivery point sequencing. An X-Route is, in effect, a letter carrier craft assignment held pending reversion. The workload will be divided among remaining routes when agreed upon percentage(s) of letter mail is being received at a unit/zone in delivery point sequence order. The process allows changes to be planned in advance and permits carriers to know what their assignments are expected to be in the automated environment. The X-Route process and time period are considered completed when the unit/zone has achieved the final targeted level of Delivery Point Sequence letter mail and the X-Route work has been distributed.

Pre-Agreement Phase

If there is interest in attempting to utilize the X-Route alternative, local management will meet with the local union to review the provisions of this agreement. This includes a review of the attached Memorandum of Understanding on case configuration, the Work Methods Memorandum, guidance on the Hempstead case resolution and current base count and inspection data. If current route inspection data is not available, plans should be made to conduct route inspections in accordance with Article 41.3.S of the National Agreement to provide a basis to implement the remainder of this agreement.

If the parties are considering pursuing this alternative, they must be committed to mutual resolution of the outcome. Management will share the following information with the union:

The expected accounting period(s) and year that increases in bar-coded mail generated by the Automation Programs will impact the delivery unit/zone, such as customer pre-barcoding, MLOCR, DBCS, and RBCS.

The projected impact on the delivery unit/zone of automated sort schemes, and the basis for the estimate.

Agreement Phase

It must be understood, once the decision to use the X-Route process has been finalized, that decision can only be changed through joint agreement between the local union and management.

Since the planning and adjustment(s) in a delivery unit/zone using the X-Route alternative are a joint endeavor, the parties at the local level must first agree to a joint resolution process, should there be a barrier to full implementation of the parties agreement to use the X-Route alternative.

The parties will then meet to review route examinations for the unit/zone. This exercise is intended to result in agreed upon evaluations.

If the parties fail to reach agreement regarding the use of the X-Route alternative, management may proceed to implement strategies in concert with handbooks and manuals, the Hempstead Resolution, and the National Agreement to accomplish route adjustments. However, the provisions of this agreement are specific to application of the X-Route concept only and are not applicable to any other route adjustment method.

In working out the X-Route adjustment process for the delivery unit/zone, it is recognized and agreed that:

Management must develop the final targeted Delivery Point Sequencing percentage (from a low of 70% to a high of 85%) of delivery point sequencing letter mail for the X-Route period. That percentage is then used to estimate the impact on the unit/zone using the projection methodology outlined in the Hempstead resolution. The parties will jointly determine the number and identity of the routes that will be designated as X-Routes using the above estimates of the impact on the delivery unit. While the X-Route concept may not be applicable to all routes within an installation because of limiting circumstances (i.e., geographic considerations), such circumstances will not be a barrier to implementing the concept. This determination as to the non-applicability to certain routes will be made jointly.

The parties must jointly determine what realignment of routes (in-office or street territory) will be necessary to assure that X-Routes are strategically placed to facilitate the transfer of workload as delivery point sequencing evolves. The decision as to when to realign the routes should be based upon the current need for realignment in order to place the routes on as near an eight-hour-basis as possible based upon the current evaluation from a recent inspection. The parties could decide to defer the proposed realignment of routes until Delivery Point Sequencing was implemented if no significant scheme changes were required to keep routes near eight hours, or they could decide to make the necessary scheme changes for the realignment of routes now if significant scheme changes were going to be needed to adjust routes to eight hours as currently evaluated. In no instance will the parties effect adjustment now based on the future event, except as provided under interim adjustments (below). The regular carrier on any route whose street territory is changed as a result of this adjustment and realignment may elect, on a one-time basis, to vacate his/her route and become an unassigned regular. Such action will not trigger the provisions of Article 41.3.0. All positions vacated in this manner will be posted and filled in accordance with the procedures set forth in Article 41.1.

Where exceptional circumstances require further adjustments, they must be jointly agreed to by the parties. The objective is to provide a smooth transition to the Delivery Point Sequencing environment. Such an outcome requires no change in day-to-day administration of curtailment procedures, auxiliary assistance or overtime.

The parties agree that adjustment strategies for Delivery Point Sequencing will vary based on individual offices, deployment schedules and types of deliveries. For instance, offices that will be impacted by RBCS destinating keying prior to Delivery Point Barcoding and offices further along in the deployment schedule may be at final targeted barcoding levels when Delivery Point sequencing commences and therefore require only one adjustment.

Some offices may initiate DPBC and Delivery Point Sequencing prior to full barcoding levels and require an interim adjustment strategy. Adjustment strategy decisions will be made jointly based on deployment schedules and current automation.

Once the Postal Service has implemented delivery point sequencing and can demonstrate that the routes in a delivery unit/zone are receiving volumes at the targeted percentage, the local parties will implement the preplanned adjustments. Where an interim adjustment strategy will be necessary as described above due to the gradual increasing of DPBC levels, the local parties will meet and make interim adjustments by removing work from the X-Routes and assigning that work to the regular routes which will remain after full implementation of delivery point sequencing.

After the completion of each interim adjustment, the parties will jointly determine the amount of hours remaining on the X-Routes and will jointly decide how to efficiently combine assignments to provide the maximum number of full-time assignments. If this cannot be accomplished in an efficient manner, the parties may jointly decide to either form auxiliary assignments or split the remaining hours from these assignments to the regular routes that will remain once the final delivery point sequencing adjustments have been made. Where this latter option is agreed upon, it is understood that routes will be built up (not to exceed 8:20). If less than 100% of the routes will be built up, the following priority should be observed if efficiency can be maintained:

(1) By seniority, routes whose regular carrier are on the Work Assignment List.

(2) By seniority, routes whose regular carrier are on the Overtime Desired List.

(3) By inverse seniority, carriers not on any Overtime Desired List.

Incumbents of, and bidders for, routes that are projected to continue after full implementation of automation will know, in advance, what portions of the X-Route a delivery route will receive after full delivery point sequencing is on-line. X-Routes will be posted for bid when vacant, as long as they remain full-time assignments. When an X-Route becomes vacant and is posted for bid, the bid notice will include the anticipated date of elimination.

When an X-Route is abolished, the full-time carrier assigned to that route will become an unassigned regular. He/she may, within 30 days, review the list of residual vacancies within his/her bidding area and use his/her seniority to exercise a preference for that assignment. This may be accomplished by a bid posting limited to unassigned full-time carriers displaced by abolishment of X-Routes or by other means agreed to locally between the parties. (The provisions of Article 41.3.0., where they have been incorporated in the local memorandum, will not be triggered by this process.)

The use of transitional employees in a unit where route adjustments are achieved under the X-Route concept will be in accordance with the relevant National Interest Arbitration Award and any subsequent agreement(s) between the United States Postal Service and the National Association of Letter Carriers, AFL-CIO.

Date: September 17, 1992.

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

The U.S. Postal Service and the National Association of Letter Carriers, AFL-CIO, recognize the importance of the work methods that will be used in a delivery point sequence environment. The parties also realize the substantial contribution that letter carriers can make in the development of these work methods. Towards facilitating that involvement, the following principles have been agreed to by the parties at the national level:

1. The following are the approved work methods:

• Case residual letters in the same separations with vertically cased flat mail, pull down and carry as one bundle.

• Case residual letter mail separately into delivery sequence order, pull down and carry as a composite (third) bundle.

2. As implementation of the delivery point bar coding impacts a delivery unit, local parties will select the most efficient work method possible from the delivery point sequence work methods authorized in number 1 above. If the local parties cannot agree on the most efficient work method, the issue will be presented to the parties at the Headquarters level to determine the most efficient work method.

3. Local parties will also be encouraged to develop efficient new work methods and to share their ideas with the parties at the national level for joint review and evaluation. The purpose of this joint review and evaluation will be to determine the efficiency of the local method. After the review and evaluation of the new work method and if the method proves to be efficient, it will be added to Item 1 above.

4. The parties agree that the work method in place at the delivery unit will be utilized in the day-to-day management of letter carrier routes and in the procedures for inspection, evaluation and adjustment of routes.

5. The parties at the national level will continually review alternative methods in an effort to improve efficiency. Both parties agree that the process of continual joint review of new and more efficient work methods will result in the continued upgrading at the local delivery unit of the most efficient work method.

Date: September 17, 1992.

(See the March 21, 2000 Memorandum of Understanding on City Letter Carrier DPS Work Methods on page 41-45).

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

For the purpose of conducting mail counts and route inspections on traditional casing equipment, letter size is defined as mail that can be cased into the letter separations of a standard six-shelf case without folding or bending (approximately six inches in height). Letter size does not include newspapers, rolls, small parcels, flats, magazines, or catalogs under two pounds, even though these items may be cased into the letter separations of a standard case without folding or bending.

When mail counts and route inspections are conducted in a unit where letter mail is cased into four- and/or five-shelf case configurations that have been established as a result of any joint agreement, the existing definition of letter-sized mail will not change; the 18 and 8 standard remains applicable. Under these conditions, local management will meet with the local union prior to the dry run training to determine an efficient means to verify mail of questionable size during the week of count and inspection, e.g., a measuring strip on each case or use of a template as a reference point.

The acceptance by the parties of this approach to letter size definition and case configuration is without prejudice to the parties’ rights under Article 34 of the National Agreement, and shall not be cited by either party in the grievance or arbitration procedure or any other forum which does not pertain to the implementation of this agreement.

Date: September 17, 1992.

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

RE: TRANSITIONAL EMPLOYEES/PART-TIME FLEXIBLE CONVERSIONS

1. All part-time flexibles (PTF’s) currently on the rolls will be offered an opportunity to convert to full-time regular status by November 20, 1994. The conversion opportunity may be contingent on the PTF’s agreement to move to an available full-time assignment during this period. However, it is the intent of the parties that any such requirement to change offices will not be utilized by management as a device to discourage conversions and that inconvenience and disruption to PTF’s will be minimized.

PTF’s will be converted to available full-time assignments in their current installation. If insufficient full-time assignments are available to accommodate all PTF’s in an installation, the remaining PTF’s will be offered the opportunity to transfer to available full-time assignments within the commuting area, and the local union will be provided a list of all such assignments. The local union representative will be responsible for ascertaining the preferences, by use of seniority, of the PTF’s who decide to accept a conversion opportunity in another installation and for communicating that preference to management. If PTF’s from different installations seek the same assignment in another installation, craft seniority will determine which PTF gets that conversion opportunity.

If the foregoing process does not result in the offer of a conversion to all PTF’s in an installation, the Postal Service will identify other conversion opportunities, including assignments outside the commuting area, during the conversion period. Any decision by a PTF to transfer to another office under this agreement will be considered voluntary.

2. In lieu of the DSSA analysis provided in the January 16, 1992, NALC Transitional Employee (TE) arbitration award, the parties will use the impact formula contained in the September 21, 1992, Hempstead Memorandum of Understanding to determine the number of TE hours allowed in a delivery unit due to automation impact. All such TE’s will be separated in a delivery unit when Delivery Point Sequencing (DPS) is on-line and operational.

3. The parties further agree that in offices (automation impacted or non-impacted) where the number of PTF conversions exceeds the number of TE’s allowed under

the above impact formula, additional TE’s may be hired to replace such PTF attrition. All such TE’s will be separated from the rolls by November 20, 1994.

4. All pending national grievances seeking conversion of PTF’s will be resolved by offering the affected PTF’s the opportunity to convert to full-time regular assignments on a priority basis pursuant to this agreement. This agreement is without prejudice to the positions of either party with respect to any interpretive issue.

5. The parties at the local level will meet to review the current TE complement and pending TE or PTF grievances as follows:

• The meeting will occur after the joint training and during the local meeting on Hempstead issues;

• The parties will attempt to resolve any pending grievances, including appropriate remedies for violations, if any. The Postal Service’s liability, if any, will be limited to any TE hours in excess of that allowed by paragraphs 2 and 3 above which occurred prior to the date of this agreement;

• If TE hours in a delivery unit exceed that allowed by paragraphs 2 and 3 above, management must, no later than 3/1/93, either: (1) relocate TE’s to another delivery unit to stay within the allowable limits; or (2) reduce work hours per TE, so as to stay within the allowable limits; or (3) remove excess TE’s from the rolls.

6. The parties herein express the desirability of affording future career employment opportunities to TE’s. Consistent with that view, the parties agree to jointly explore the feasibility of such career opportunities, consistent with applicable law.

Date: December 21, 1992.

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

Re: City Letter Carrier DPS Work Methods

This Memorandum of Understanding (MOU) represents the parties’ final agreement regarding the October 8, 1998, Joint Work Methods Study to determine the more efficient work method for city delivery routes in delivery units where Delivery Point Sequence (DPS) has been, or will be, implemented. This MOU is based on the results of a joint study conducted by the parties pursuant to Chapter 5 of Building Our Future By Working Together to determine the relative efficiency of the composite bundle and vertical flat casing work methods in a DPS environment. Further, any interim or local agreements for handling the fourth bundle on park and loop and foot routes will continue until conversion to the DPS vertical flat casing work method. In accordance with paragraph 3 of the October 8, 1998, Joint Work Methods Study Agreement the following are the parties’ joint instructions to the field:

1. There continue to be two approved DPS work methods: the composite bundle work method and the vertical flat casing work method. Any other work methods must be approved by Postal Service Headquarters prior to testing or implementation.

2 The parties have analyzed the results of the joint study and have determined that the vertical flat casing work method is the more efficient work method at all sampled percentage levels of DPS. Management may convert those routes that have vertical flat cases and are currently using the composite bundle work method to the vertical flat casing DPS work method.

3. On curbline routes and business routes where DPS is planned, but not implemented, management will determine the most efficient DPS work method. All other routes not yet converted to DPS which have vertical flat cases will use the vertical flat casing DPS work method.

4. On those routes where DPS is not currently planned but where DPS is implemented in the future, management will determine the DPS work method.

5. City letter carriers on a park and loop or foot route will not be required to carry more than three bundles.

Date: March 21, 2000

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

It is hereby agreed by the U.S. Postal Service and the National Association or Letter Carriers, AFL-CIO that the following represents the parties’ agreement with regard to implementation of the upgrade issue emanating from the September 19, 1999, Fleischli Award, our agreement regarding case configuration when using the vertical flat casing work method, and additional provisions relative to the 1998 National Agreement.

1. Effective November 18, 2000, all city letter carriers grade 5 will be upgraded and the pay differential of grade 6 carrier technicians shall be maintained in accordance with the procedures set forth in the attached Memorandum of Understanding.

2. The provisions of Article 35, Section 2, concerning the national joint EAP committee will be renewed for the remainder of the term of the 1998 National Agreement.

3. The Memorandum of Understanding Re: Leave Sharing found on page 161 of the 1994 National Agreement will be renewed for the remainder of the term of the 1998 National Agreement.

4. The Memorandum of Understanding Re: Sick Leave for Dependent Care found on page 162 of the 1994 National Agreement will be renewed for the remainder of the term of the 1998 National Agreement.

5. The 30-day period of local implementation specified in Article 30 and the Memorandum of Understanding Re: Local Implementation will commence on October 2, 2000.

6. When management elects to reassess the case configuration of a route currently using the DPS Vertical flat casing work method or changes the DPS work method on a route from the composite bundle work method to the vertical flat casing work method, management will determine for each route, whether 4, 5, or 6 shelves will be used.

Date: March 21, 2000

PRE-ARBITRATION SETTLEMENT Q94N-4Q-C-99022154 (M-01444)

The issue in these grievances is whether or not the Piece Count Recording System (PCRS), Projected Office Street Time (POST), or the Delivery Operations Information System (DOIS) violate the National Agreement.

After reviewing this matter, we mutually agreed to settle these grievances as follows;

Daily piece counts (PCRS) recorded in accordance with the above-referenced systems (POST or DOIS) will not constitute the sole basis for discipline. However, daily counts recorded in accordance with these procedures may be used by the parties in conjunction with other management records and procedures to support or refute any performance-related discipline. This does not change the principle that, pursuant to Section 242.332 of the M-39, “No carrier shall be disciplined for failure to meet standards, except in cases of unsatisfactory effort which must be based on documented, unacceptable conduct that led to the carrier’s failure to meet office standards.” Furthermore, the pre-arbi-tration settlement H1N-1N-D 31781, dated October 22, 1985, provides that “there is no set pace at which a carrier must walk and no street standard for walking.”

This settlement is made without prejudice to the parties’ rights under Article 19 or Article 34 of the National Agreement.

It is additionally understood that the current city letter carrier route adjustment process is outlined in Subchapter 141 and Chapter 2 of the M-39 Handbook. All those functionalities in DOIS, which relate to the route inspection and adjustment process, must be in compliance with these two parts of the M-39 as long as they are in effect.

It is understood that no function performed by POST or DOIS, now or in the future, may violate the National Agreement.

Date: July 30, 2001

STEP 4 SETTLEMENT Q98N-4Q-C 01045840 (M-01458) WASHINGTON, DC

The Managed Service Points (MSP) initiative is a national program intended to facilitate management’s ability to assess and monitor city delivery route structure and consistency of delivery service. The following reflects the parties’ understanding of MSP:

The parties agree that management will determine the number of scans on a city delivery route. Time credit will continue to be given during route count and inspections and will be credited in total street time.

MSP does not set performance standards, either in the office or on the street. With current technology, MSP records of scan times are not to be used as timecard data for pay purposes. MSP data may not constitute the sole basis for disciplinary action. However, it may be used by the parties in conjunction with other records to support or refute disciplinary action issued pursuant to Article 16 of the National Agreement.

City letter carriers have the option of using a personal identification number (PIN) other than the last four digits of their social security number.

Section 432.33 of the Employee and Labor Relations Manual (ELM) remains in full force and effect when MSP is implemented. It provides that “Except in emergency situations, or where service conditions preclude compliance, no employee may be required to work more than 6 continuous hours without a meal or rest period of at least / hour.” Lunch locations for both the incumbent and carrier technician on a city delivery route continue to be determined in compliance with Section 126.5.b(2) of the M-39. PS Form 1564A “Delivery Instructions” lists the place and time that city letter carriers are authorized to leave the route for lunch. However, the parties recognize that, consistent with local instructions and operational conditions, city letter carriers may be authorized to leave at a different time and/or place. Notwithstanding this, the parties agree that city letter carriers will scan MSP scan points as they reach them during the course of their assigned duties.

Date: March 13, 2002

When letter carriers leave their office and begin delivery before or after their normal leaving time, they may reach the point at which they are authorized to leave their route for lunch at other than the time they are authorized to leave based on the current Form 1564-A. The parties should continue to handle those situations as they have in the past. The settlement states that “City letter carriers will scan MSP scan points as they reach them during the course of their assigned duties.” This means that the “lunch” scans are to be treated no differently than any other scans on a route. They should simply be scanned whenever the carrier reaches them.

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO Re: Transitional Employees-Additional Provisions

ARTICLE 6

Layoff of Career Employees:

a. Prior to laying off career employees, management will offer the impacted employees the opportunity to work any existing letter carrier craft transitional assignments within the installation.

b. There will be no out-of-schedule pay provided to the impacted employees for these temporary assignments.

ARTICLE 10

I. GENERAL

A. Purpose. Annual leave is provided to transitional employees for rest, recreation, emergency purposes, and illness or injury.

1. Accrual of Annual Leave. Transitional employees earn annual leave based on the number of hours in which they are in a pay status in each pay period.

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.)

2. Biweekly Crediting. Annual leave accrues and is credited in whole hours at the end of each biweekly pay period.

3. Payment For Accumulated Annual Leave. A separating transitional employee may receive a lump-sum payment for accumulated annual leave subject to the following condition:

a. A transitional 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.

II. AUTHORIZING ANNUAL LEAVE

A. General. Except for emergencies, annual leave for transitional employees must be requested on Form 3971 and approved in advance by the appropriate supervisor.

B. Emergencies and Illness or Injury. An exception to the advance approval requirement is made for emergencies and illness or injury; however, in these situations, the transitional employee must notify appropriate postal authorities as soon as possible as to the emergency or illness/injury and the expected duration of the absence. As soon as possible after return to duty, transitional employees must submit 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 outlined in Section IV.B below.

III. UNSCHEDULED ABSENCE

A. Definition. Unscheduled absences are any absences from work that are not requested and approved in advance.

B. Transitional Employee Responsibilities. Transitional employees are expected to maintain their assigned schedule and must make every effort to avoid unscheduled absences. In addition, transitional employees must provide acceptable evidence for absences when required.

IV. FORM 3971, REQUEST FOR, OR NOTIFICATION OF, ABSENCE

A. Purpose. Application for annual leave is made in writing, in duplicate, on Form 3971, Request for, or Notification of, Absence.

B. Approval/Disapproval. The supervisor is responsible for approving or disapproving application for annual leave by signing Form 3971, a copy of which is given to the transitional employee. If a supervisor 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.

ARTICLE 12

Reassignment of Career Employees Outside of a Section, Craft, or Installation.

a. Prior to reassigning career employees outside of a section, the craft, or installation, management will offer impacted career employees, on a seniority basis, the opportunity to work any existing letter carrier craft transitional assignments within the installation.

b. There will be no out-of-schedule pay provided to the impacted employees for these temporary assignments.

TE Hire versus Excessing

A full time letter carrier may not be excessed and the resulting vacancy filled by a TE, except where management can demonstrate that, as a result of legitimate operational changes, there is insufficient work to continue to support a full-time position. For example, management may not abolish a full-time route position and excess the full-time letter carrier and hire or assign one or more TEs to perform the work of the abolished position, unless management can demonstrate that the work cannot be performed on a full-time basis in compliance with the requirements of the National Agreement.

ARTICLE 16

Transitional employees may be separated at any time upon completion of their assignment or for lack of work. Such separation is not grievable except where the separation is pretextual. Transitional employees may otherwise be removed for just cause and any such removal will be subject to the grievance-arbitration procedure, provided the employee has completed ninety (90) work days, or has been employed for 120 calendar days, whichever comes first. Further, in any such grievance, the concept of progressive discipline will not apply. The issue will be whether the employee is guilty of the charge against him or her. Where the employee is found guilty, the arbitrator shall not have the authority to modify the discharge. In the case of removal for cause, a transitional employee 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.

ARTICLE 21

After an initial appointment for a 360-day term and upon reappointment to another 360-day term, any eligible noncareer transitional 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. The total cost of health insurance is the responsibility of the noncareer transitional employee.

Date: September 11, 2007

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO Re: Transitional Employee Employment Opportunities

In the interest of enhancing career employment opportunities for NALC transitional employees (TE), the Postal Service and the NALC agree to the following:

1. NALC TEs who have completed 180 days of employment as a TE and are still on the TE rolls may take the entrance examination for a career city letter carrier position. Only one such opportunity will be provided each eligible TE pursuant to this memorandum.

2. Eligible TEs who wish to take the examination must submit their request to their personnel office. The examination will be administered to eligible TEs who have submitted a request on a periodic basis, but no less than once each quarter.

3. The TEs’ examination results will be scored, and passing scores will be merged with the appropriate existing city letter carrier register. Thereafter, normal competitive selection procedures will apply in making career city letter carrier appointments.

4. Eligible TEs who already have a passing test score on the city letter carrier register may take the examination again pursuant to this memorandum. At the request of the TE, the score will be placed on the register in accordance with the current competitive selection procedure.

5. This memorandum will expire on November 20, 2011.

Date: September 11, 2007

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO Re: Transitional Employees (Flat Sequencing System)

Upon ratification of the Agreement, the Employer shall have authority to hire up to 8,000 transitional employees (TEs). The Employer may maintain this level of transitional employment for the duration of all phases of Flat Sequencing System (FSS) implementation. TEs hired under this Memorandum will be so designated on their PS Form 50.

In any district, the number of these TEs shall not exceed 8% of the authorized city carrier complement for that district. The parties understand that due to uncertainties with the implementation of FSS, there may be circumstances that require some modification to the above-referenced cap. It is agreed that any exception to this cap can only be made by the Vice President, Labor Relations and the President, National Association of Letter Carriers. Previously established prerequisites and criteria for the hiring and utilization of transitional employees, such as those found in Article 7.1.C.1 and Appendix B of the 2001-2006 National Agreement, are not applicable.

Provisions establishing the wages, benefits and employment term for TEs, such as those found in Article 7.1.B.3 and 7.1.B.4, Article 9.7, and the Memorandum Re. Transitional Employees-Additional Provisions shall apply. The existing MOU Re: Transitional Employee Employment Opportunities shall be applicable to these employees.

Date: September 11, 2007

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

RE: FSS Implementation

The United States Postal Service and National Association of Letter Carriers, AFL-CIO mutually recognize that the delivery point sequencing of flat mail will change the delivery environment, ultimately producing better service for postal customers. The Postal Service experienced significant benefits in 1993 by automating the processing and sequencing of letter mail, as the parties worked together to implement that technology. In the interest of working jointly on this technology the parties agree to the following:

1. Once FSS is fully implemented in a delivery unit, management will determine the methods to estimate impact in a delivery unit and make route adjustments accordingly.

2. Sixty days after implementing route adjustments for FSS, the local parties will review the adjustments to ensure that routes are as near 8 hours as possible. This sixty day period will not count toward the special route inspection process (Section 271, Handbook M-39; Section 918, Handbook M-41). If either party determines that the route(s) is not properly adjusted, then the route(s) will be adjusted in accordance with the provisions of Handbook M-39 or, if applicable, a locally agreed upon adjustment formula.

The terms of this Memorandum are effective immediately and continue through all phases of Flats Sequencing System (FSS) implementation.

Date: September 11, 2007

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

RE: FSS Work Methods

The Flat Sequencing System (FSS) provides the means to present flats to letter carrier routes in Delivery Point Sequence (DPS) order. Recognizing that a substantial investment has been made in the FSS and in order for the Postal Service to remain efficient and competitive, it is necessary to explore alternative methods of handling DPS flat mail by city letter carriers. Understanding that the parties’ respective interests are best served through a cooperative effort, the United States Postal Service (USPS) and National Association of Letter Carriers (NALC) agree to jointly examine methods and procedures related to handling DPS flats.

Effective with the signing of this Memorandum, a Joint Task Force comprised of four members from the NALC and four from the Postal Service will be established to explore alternative work methods necessary for handling mail in an FSS environment. The Task Force will attempt to reach agreement on necessary studies and potential work method changes, as well as implementation and operating procedures. The Task Force will submit a final report outlining findings and recommendations to the NALC President and the Postal Service Vice President, Labor Relations no later than February 18, 2008.

In the event the Task Force is unable to reach agreement on any or all issues involved with handling mail in an FSS environment, the Postal Service may implement FSS work methods by providing the union with written notification. The parties agree that city letter carriers on park and loop or foot deliveries will not be required to carry more than three bundles. If the union believes that any management initiated work method is not fair, reasonable, or equitable the union may, within twenty-one days of notice, initiate a national-level dispute. Such dispute will be scheduled for arbitration on a priority basis; beginning no later than March 25, 2008, with a final award rendered no later than July 15, 2008. The scope of the national-level dispute is limited to whether the disputed work method(s) is fair, reasonable, or equitable.

The parties agree that the above is the sole and exclusive process for establishing methods for handling mail in an FSS environment by city letter carriers and that no other procedural requirements (e.g., Article 34, Article 19) are necessary or relevant. This agreement is without prejudice or precedent and may only be cited by either party to enforce its terms.

Date: September 11, 2007

FLAT SEQUENCING SYSTEM (FSS) SETTLEMENT Q01N-4Q-C 07091320 (M-01665)

Recently our representatives met in discussion of the above-referenced grievance.

The issue in this grievance concerns the method of determining Flat Sequencing System (FSS) impact and the associated employment of Transitional Employees.

As a result of our discussions, it is agreed that the above referenced grievance is withdrawn and that this agreement resolves and closes all outstanding disputes at all levels of the grievance-arbitration procedure concerning FSS impact and the associated employment of Transitional Employees.

Date July 30, 2007

The terms of this settlement became effective September 11, 2007 with the ratification of the 2006-2011 National Agreement.

CARRIER OPTIMAL ROUTING (COR) SETTLEMENT Q01N-4Q-C 05022605 (M-01661)

After reviewing this matter, the parties agree to the following:

The Carrier Optimal Routing (COR) process is a management tool to assist with the adjustment of letter carrier routes pursuant to Chapter 2 of Handbook M-39. No components of the COR program or application of the COR process will be inconsistent with the route inspection, evaluation, or adjustment process found in Chapter 2 of the M-39 Handbook.

Should the Postal Service develop COR for use in the minor route adjustment process, related components of the COR program or application of the COR process will be consistent with the specific minor route adjustment formula in Section 141.19 of Handbook M-39. Local parties that have established, by mutual agreement, an alternate route adjustment method may also use applications of COR consistent with their alternate route adjustment process.

To facilitate the practical application of this understanding, when transferring territory the back of the PS Form 1840 will indicate, by sector segment, any change in street credit from the actual street time used in sector-segment on PS Form 3999; including all relay, travel, allied time, etc. Any such adjustment to the carrier’s actual street time must be documented and explained by appropriate comments on the reverse of PS Form 1840. Additionally, any time adjustment to the base street time, which must be selected pursuant to M-39 Section 242.321, will be documented and explained under the comments section on the reverse of PS Form 1840. Travel To, Travel From, and Travel Within times must be validated, documented, and discussed during carrier consultation. The actual time should be taken from the Inspection PS Form 3999, unless a new pattern is created during the route adjustment process. If a new travel pattern has been created, the new times must be validated.

Notwithstanding any disputes regarding documentation of and/or justification for time adjustments made, the intent of the previous paragraph is for the letter carrier to be made aware of any proposed time adjustment to the carrier’s base street time and/or to the street time of the territory being transferred. Time adjustments for territory being transferred will be by sector-segment, including all relay, allied, parcels, accountables, etc. Any time adjustment to a carrier’s base street time must comply with the M-39 Section 242.345 through 242.347.

Any grievance held pending a decision on this case will be resolved consistent with the principles of this agreement.

Date July 30, 2007

The terms of this settlement became effective September 11, 2007 with the ratification of the 2006-2011 National Agreement.

S-999 MAIL SETTLEMENT Q01-N-4Q-C 06187579 (M-01662)

The issue in this case is whether S-999 mail (hold mail, caller mail, change of address mail, non-delivery day mail) processed on Delivery Point Sequence (DPS) automation equipment must receive piece credit on section 1 of PS Form 1838-C or actual time recorded on line 21 of 1838-C during route count and inspection.

The parties discussed how to record S-999 mail, multi point mail, 9 digit mail that is not finalized in DPS order, and mail that is brought back from the street in the afternoon during a count and inspection. The parties agree that if this mail is cased in the carrier case it will be recorded on PS Form 1838-C sections 1 or 2, as applicable. Any of this mail that is not cased in the carrier case will be handled and recorded on line 21.

Date: July 30, 2007

The terms of this settlement became effective September 11, 2007 with the ratification of the 2006-2011 National Agreement.

THIRD BUNDLE SETTLEMENT Q98N-4Q-C 00189552 (M-01663)

Case Q98N-4Q-C 01045570 arose as a result of the application of the March 21, 2000, Memorandum of Understanding (MOU) Re: City Letter Carrier DPS Work Methods. The issue in this grievance is whether city letter carriers in a DPS environment using the vertical flat case (VFC) work method on park and loop or foot deliveries may be required to carry pre-sequenced addressed mail as a third bundle, when DPS letters and cased mail (flats and non-DPS letters) constitute the first and second bundles.

The parties agree that:

1.The March 21, 2000 MOU did not provide the Postal Service with the right to require letter carriers on park and loop or foot deliveries to carry pre-sequenced addressed mail as a third bundle.

2.The parties’ prior agreements for carrying third bundles were not modified in any way by the March 21, 2000 MOU. These prior agreements include the following two circumstances:

a. pursuant to the 1980 ‘simplified address mail’ agreement, which allows the placement of such unaddressed mail on the bottom of the appropriate mail bundle; and

b. in accordance with the 1992 memorandum providing for the DPS composite work method, which includes residual letters, DPS letters, and flats.

Case #Q98N-4Q-C 00189552 arose as a result of handbook modifications indicating that city letter carriers on park and loop or foot deliveries may be required to carry up to three bundles of mail.

Notwithstanding the above agreement, the parties recognize that the Postal Service and its employees have an obligation to the American public to provide cost effective quality mail service. We also recognize that the changing nature of the mail (e.g., decreasing First-Class Mail volume, increasing parcels and increasing automation) necessitate changes in our work methods. Therefore, the parties further agree that:

1. In accordance with the recognitions cited in the above paragraph, effective with the signing of this agreement the parties agree that city letter carriers on park and loop or foot deliveries who currently carry three bundles will continue to carry as a third bundle, within weight restrictions, Enhanced Carrier Route (ECR) and Periodicals walk sequenced letter or flat mailings (WSS) that have either 90% or more coverage of the total active residential addresses, or 75% or more coverage of the total number of active deliveries on a route.

2. The parties will establish a joint work group to examine the various methods of mail delivery on park and loop and foot deliveries. The objective of the work group will be to develop safe and efficient delivery methods for handling three bundles of addressed and/or unaddressed mail on routes with these types of deliveries. The work group will develop appropriate methods in the current DPS letter environment and it will complete its mission within sixty days of this agreement. After that sixty day period all city carriers on park and loop and walking deliveries will be required to carry three bundles using methods from the work group, unless management determines that fewer than three bundles will be used. If the work group does not reach agreement within sixty days, all city carriers on park and loop and walking deliveries will, unless otherwise determined by management, be required to carry three bundles, but the individual city carrier will determine whether he/she carries the third bundle on the arm or in the satchel. Regardless of the work method, the third bundle must meet the requirements of paragraph 1 above.

3. The parties agree that under no circumstances will city letter carriers on park and loop or foot deliveries be required to carry more than three bundles.

This agreement resolves and closes all outstanding disputes at all levels of the grievance-arbitration procedure concerning city carriers on park and loop or foot routes being required to carry three bundles. The parties will meet at the appropriate level on all held cases to determine if they involve other issues. If a grievance contains issues other than third bundle, those issues will be addressed pursuant to Article 15 of the National Agreement. Please sign below to agree to resolve these disputes and remove these cases from the national arbitration docket.

Date July 30, 2007

The terms of this settlement became effective September 11, 2007 with the ratification of the 2006-2011 National Agreement.

DELIVERY OPERATIONS INFORMATION SYSTEM (DOIS) SETTLEMENT Q01N-4Q-C 05022610 (M-01664)

After reviewing this matter, the parties agree to resolve this dispute based on the following:

The Delivery Operations Information System (DOIS) is a management tool for estimating a carrier’s daily workload. The use of DOIS does not change the letter carrier’s reporting requirements outlined in section 131.4 of Handbook M-41, the supervisor’s scheduling responsibilities outlined in section 122 of Handbook M-39, or the letter carrier’s and supervisor’s responsibilities contained in Section 28 of Handbook M-41. DOIS projections are not the sole determinant of a carriers leaving or return time, or daily workload. As such, the projections cannot be used as the sole basis for corrective action. A five minute time credit for lines 8-13 will be added or when route inspection data is available for lines 8-13 the actual average information will be used for daily workload projections.

Management is responsible for accurately recording volume and other data in DOIS. Other than obvious data entry errors, route based information may only be changed through a full-count and inspection or minor route adjustment. Additionally, the parties have previously agreed that functions in DOIS which relate to the route inspection and adjustment process must be in compliance with the city letter carrier route adjustment process in Subchapter 141 and Chapter 2 of the M-39 Handbook. Exceptions are offices that have jointly established an alternate route adjustment method. DOIS base information in such offices shall, as appropriate, comply with the alternate route adjustment method.

Date: July 30, 2007

The terms of this settlement became effective September 11, 2007 with the ratification of the 2006-2011 National Agreement.

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

RE: Alternate Route Evaluation Process

The National Association of Letter Carriers (NALC) and United States Postal Service recognize the importance of maintaining routes in proper adjustment throughout the year. The existing route evaluation process is often a source of disputes between the parties. In an effort to minimize such disputes and to make the route evaluation and adjustment process more efficient and less intrusive, the parties agree to establish a National Task Force to jointly explore alternative methods of evaluating, adjusting and maintaining routes.

The topics to be addressed by the National Task Force will also include the evaluation and adjustment of routes through the minor route adjustment process pursuant to Section 141 of Handbook M-39.

The Task Force will be established with the signing of this Memorandum, and will include four members from the NALC, and four members of the Postal Service. The Task Force will report to the NALC President and the Postal Service Vice President, Labor Relations. A final report outlining findings and recommendations will be issued by the Task Force no later than six months from the date of this memorandum. The term of the Task Force may be extended by mutual agreement of the parties.

Date: September 11, 2007

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

RE: Customer Connect Program

The National Association of Letter Carriers, AFL-CIO and United States Postal Service mutually recognize that revenue growth through the increased use of Postal Service products and services is vital to the current and future success of the Postal Service. To that end, the parties jointly developed the Customer Connect Program in which city letter carriers use their access and special relationships with customers to encourage increased use of Postal Service products and services.

The parties reemphasize their joint commitment to the growth and long-term success of the Customer Connect Program and pledge to continue to work jointly at all levels of our organizations to enhance this important effort.

Date: September 11, 2007

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