ARTICLE 12 INSTRUCTORS EXCESSING EXCESSING & REASSIGNMENT

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1 AMERICAN POSTAL WORKERS UNION, AFL-CIO 2015 All-Craft Conference Las Vegas, NV October 9-15, 2015 Mark Dimondstein, President Debbie Szeredy, Executive Vice President Elizabeth Liz Powell, Secretary-Treasurer Tony McKinnon, Director Industrial Relations Clint Burelson, Director Clerk Craft Division Lynn Pallas-Barber, Assistant Director Clerk Division Lamont Brooks, Assistant Director Clerk Division EXCESSING A primary principle in effecting reassignment will be that dislocation and inconvenience to employees in the regular workforce shall be kept to a minimum, consistent with the needs of the service. INSTRUCTORS Shirley J. Taylor NBA-CLERK DIVISION- SAN FRANCISCO REGION Bob Bloomer NBA- CLERK DIVISION- ATLANTA REGION Frank Rigiero NBA-CLERK DIVISION- NORTHEAST REGION James Stevenson NBA CLERK DIVISION- CENTRAL REGION ARTICLE 12 EXCESSING & REASSIGNMENT 1

2 MEMORANDUM OF AGREEMENT RE: Minimizing Excessing In order to minimize the impact on the employees and the operation, the parties agree to the following provisions to curtail or minimize the involuntary excessing and reassignment of employees outside their installation or craft for the term of the 2010 National Agreement MEMORANDUM OF AGREEMENT (Cont d) Employees will have the opportunity to voluntarily transfer pursuant to the provisions of the Memorandum of Understanding RE: Transfer Opportunities to Minimize Excessing. For purposes of this identified opportunity, the restriction in item 7 of that MOU is lifted so that withheld vacancies are available. MEMORANDUM OF AGREEMENT (Cont d) The Postal Service will review its operations 1) to create new and/or more efficient assignments within the installation that might lessen the excessing need and 2) to look for scheduling opportunities to offer assignments which are consistent with local operational needs and reduce/eliminate the need to excess. 2

3 MEMORANDUM OF AGREEMENT (Cont d) When employees are not able to be placed within their installation and craft, the parties will meet to discuss options to avoid or minimize involuntary excessing, such as modifying work schedules, and will determine what options will be implemented. MEMORANDUM OF AGREEMENT (Cont d) If there remains a need to place employees after exhaustion of any agreed to actions, excessing outside the installation or craft must be to an assignment within forty (40) miles from the losing installation, or fifty (50) miles if reassignment within forty (40) miles is not feasible. MEMORANDUM OF AGREEMENT (Cont d) If in unusual situations there are insufficient residual vacancies available for placement within fifty (50) miles, the parties will determine what steps may be taken. 3

4 MEMORANDUM OF AGREEMENT (Cont d) Withheld jobs not filled under the above procedure will remain vacant until it is determined that they no longer need to be withheld. MEMORANDUM OF AGREEMENT (Cont d) If a need still exists to reassign employees who have been notified of pending excessing after the steps above have been taken, such employees given notice of reassignment pursuant to Article 12 prior to the effective date of this Agreement may be reassigned. MEMORANDUM OF AGREEMENT (Cont d) Anyone currently scheduled to be excessed who wishes to go will be allowed to do so. 4

5 MEMORANDUM OF UNDERSTANDING CLERK CRAFT RE: Excessing by Seniority Task Force - Concerns have been raised with regard to the application of seniority when excessing out of the craft or installation. The parties have further agreed to explore how the excessing of Clerk Craft employees solely by seniority may resolve these potential issues. MEMORANDUM OF UNDERSTANDING (Cont d) As a result, during the term of the 2010 National Agreement, the parties intend to explore how Clerk Craft employees may be excessed out of the craft or installation consistent with Article 12 in order of seniority. Any disputes arising out of this memorandum will be handled in accordance with the Memorandum of Understanding Re: Administrative Dispute Resolution Procedures. MOU EXCESSING BY SENIORITY TASK FORCE On 9/25/12 the USPS and Clerk Craft Director Rob Strunk signed an agreement with regard to Clerk Craft employees who are being involuntarily reassigned into Clerk vacancies in other installations after being excessed from their present installation. 5

6 MEMORANDUM OF UNDERSTANDING (EXCERPT) RE: Non-Traditional Full-Time (NTFT) Duty Assignment No Clerk or MVS employee who at the signing of this Agreement, has a full-time regular work schedule of 40 hours a week will be involuntarily reassigned to occupy a NTFT duty assignment of less than 40 hours a week. MEMORANDUM OF UNDERSTANDING (EXCERPT CONT D) However, such employees may be reassigned to occupy a NTFT duty assignment of hours a week, so long as those assignments have at least two (2) scheduled off days, with no scheduled work days of less than six (6) hours or more than ten (10) hours. MEMORANDUM OF UNDERSTANDING (EXCERPT CONT D) Excessed employees with retreat rights (under 12.5.C.4 or 12.5.C.5) may decline the opportunity to retreat to non-traditional full-time assignment without relinquishing the right to retreat to posted traditional full-time regular duty assignment. 6

7 GRIEVANCE ON DENIAL OF RETREAT RIGHTS In an award issued June 29, 2012, Arbitrator Syham Das sustained the APWU s grievance over the denial of excessed employees retreat rights. The issue in this case #Q11C-4Q-C was the USPS refusal to permit excessed employees to retreat into NTFT duty assignments posted for bid subsequent to the conversion of PTRs and PTFs in August Arbitrator Das rejected all of the Employer s arguments, finding that there is no contractual provision that supports the Postal Service s action in precluding employees from exercising their retreat rights until initial local placement of converted part-time employees. Cont d GRIEVANCE ON DENIAL OF RETREAT RIGHTS (CONT D) Noting that the USPS failed to raise, let alone obtain the Union s agreement to, such a restriction on the right of excessed employees to exercise their acknowledged retreat rights during negotiations, Arbitrator Das determined that the USPS unilateral determination to disallow the exercise of retreat rights under the circumstances violated the CBA. The issue of remedy was remanded to the parties. AGREEMENT ON DAS AWARD On July 25, 2012 the APWU and USPS reached an agreement on the implementation of the arbitration award on retreat rights for Clerk and Motor Vehicle Craft employees. The July 25 agreement stipulates that Clerk Craft and Motor Vehicle Craft employees who had exercised their retreat rights at the time of excessing and were denied their rights on or after 8/27/11, will be given the opportunity to select, by seniority, among duty assignments for which they would have been the senior bidder. (Cont d) 7

8 AGREEMENT ON DAS AWARD CONT D Affected employees will be made whole, based on local fact circumstances. Any employee who becomes excess to the needs of an installation as a result of the agreement will be reassigned in accordance with Article 12. PART-TIME FLEXIBLE CONVERSION Once management has determined that withholding is necessary, part-time flexible employees should not be converted to full-time regular status and placed in residual vacancies within the area of withholding until management has withheld sufficient residual vacancies. Effective August 27, 2011 there will be no clerk part-time flexible employees working in Function 1 or in Post Offices Level 21 and above. NOTE: There will no longer be PTR & PTF Employees in the MVS Craft effective August 27, Glossary Abolishment A management decision to reduce the number of occupied duty assignment(s) in an established section and/or installation Attrition Reduction in the number of employees, other than through excessing (e.g., bidding out, resignation, retirement, etc.) Impact Number of employees to be excessed 8

9 Glossary Impacted Employee An employee who, based upon their standing on the seniority list, is identified to be excessed Impact Report/Study Any written document which management contends supports the decision to excess Initial Vacancy Previously occupied duty assignment which becomes vacant due to incumbent bidding, retiring, resigning, etc. Glossary Newly Established/Created Duty Assignment A duty assignment which had not previously existed Post Excessing Profile (P.E.P.) Union s terminology for any written document which reflects the make-up (duty assignments) of the losing installation after excessing takes place Reposting The posting of a duty assignment as required by Articles 37, 38 and 39. (See also Art. 30.B., Items 21 & 22) Glossary Residual Vacancy An established duty assignment which remains vacant after completion of the bidding process Reversion A management decision to reduce the number of duty assignments in an installation when such duty assignment(s) is/are vacant Super Seniority Requires Management to skip over certified Steward if the Steward is one of the impacted employees subject for excessing (Article 17.3) 9

10 Glossary Volunteer An employee who is senior to the impacted employee(s) who desires to be excessed in-lieu-of one of the junior impacted employees because they prefer to be reassigned to the gaining installation MEMORANDUM OF UNDERSTANDING (EXCERPT) Re: Transfer Opportunities to Minimize Excessing 1.D. The Postal Service will not provide affected employees copies of vacancies at postal facilities in advance of transfer requests. Installations with hard-to fill vacancies post them in ereassign as Reassignment Opportunities. The Postal Service will notify employees in the impacted Installation(s) of the availability of the ereassign transfer alternative. MEMORANDUM OF UNDERSTANDING (EXCERPT) Re: Transfer Opportunities to Minimize Excessing 2.7. With the exception of the Clerk craft, impacted crafts or occupation groups in installations under Article 12 withholding are not available for transfer requests. 10

11 MEMORANDUM OF UNDERSTANDING (EXCERPT CON T) In the Clerk Craft only, excluding installations concurrently experiencing excessing from the Clerk Craft, the following vacancies will be made available through ereassign for transfer requests by Full-time Regular clerks in impacted offices under this procedure for a minimum of twenty-one (21) days before they may be withheld under Article 12 and Article 37.3.A. 3 (Withholding). MEMORANDUM OF UNDERSTANDING (EXCERPT) Memo Transfer Opportunities (cont) 2.7.a.- Posted Clerk vacancies within the District which are determined to be residual after completion of the bidding/assignment process in Article and 37.4 MEMORANDUM OF UNDERSTANDING (EXCERPT) Transfer Opportunities (cont) 7.b. - Posted Clerk vacancies in installation outside the District, but within a one hundred (100) mile geographic radius of the impacted installation, which are determined to be residual after completion of the bidding/assignment process in Article 37.3 and The parties may mutually agree to expand the area of consideration beyond 100 miles if they determine it is necessary to provide sufficient vacancies for offices with excess Clerks. 11

12 MEMORANDUM OF UNDERSTANDING (EXCERPT) Transfer Opportunities (cont) 7.c.- When the excessing involves Part-Time Flexibles, PTF vacancies within the same areas identified in a and b above, will be made available for transfer requests by part-time flexibles in the impacted office. MEMORANDUM OF UNDERSTANDING (EXCERPT) Transfer Opportunities (cont) Disputes arising from the application of Transfer Opportunities to Minimize Excessing MOU will be processed at the Area level. If unable to resolve at the Area level the dispute will be forwarded to the Headquarters level. CLERK CRAFT REASSIGNMENT OPPORTUNITIES ereassign 21 DAY POSTING 12

13 PTF 21 DAY OPPORTUNITIES 13

14 PTF 21 DAY OPPORTUNITIES (CONT D) ARTICLE 12 EXCESSING CHANGES 14

15 SECTION 4 PRINCIPLE OF REASSIGNMENTS 12.4.C. When employees are excessed out of their craft or installation, the Union at the regional level shall be provided with a comparative work hour report of the losing craft or installation forty-five (45) days, if possible, after the excessing of such employees. SECTION 4 PRINCIPLE OF REASSIGNMENTS 12.4.C (cont) If a review of the report does not substantiate that business conditions warranted the action taken, such employees shall have their retreat rights activated. If the retreat right is denied the employees have the right to the grievancearbitration procedure. PRINCIPLE OF REASSIGNMENTS CONT D 12.4.D. In order to minimize the impact on employees in the regular work force, the Employer agrees to separate, to the extent possible, PSE employees working the affected craft and installation prior to excessing any regular employee in that craft out of the installation. The junior full-time employee who is being excessed has the option of revert to part-time flexible status in his/her craft, or of being reassigned to the gaining installation. 15

16 SECTION 5 REASSIGNMENTS PRINCIPLES AND REQUIREMENTS 12.5.B.2 The parties agree that Article 12.5.B.2 shall be amended to include the need to identify duty assignments within the appropriate radius currently held by PSE employees which shall be made available for the reassignment of excess career employees. GOLDBERG AWARD ART.12.5.b.2 In an award dated 6/17/13, Arbitrator S. Goldberg rejected the Union s argument that the USPS was required by Article 12.5.B.2 to cobble together the work hours of PSEs in installations within a 50-mile withholding area in order to create duty assignments to minimize the impact of excessing on career employees. 16

17 GOLDBERG AWARD (cont d) Goldberg concluded, The sole obligation imposed on the USPS by the quoted language of Art B.2 is that of identifying and separating those PSEs within the appropriate radius who are holding posted duty assignments, whether they have opted into those duty assignments or have been assigned to them by Postal management. GOLDBERG AWARD (cont d) In reaching that conclusion, the Arbitrator noted: The failure of Art B.2 to set out the asserted USPS obligation to combine PSE hours in the entire area affected by an excessing event when doing so would create duty assignments for career employees stands in stark contrast to Art A.1, in which dealing with a similar, albeit unreleased issue, the Agreement provides that: Every effort will be made to create desirable duty assignments from all available work hours for career employees to bid. GOLDBERG AWARD (cont d) This language demonstrates that the negotiators of the 2010 CBA knew how to impose on the USPS the obligation to combine PSE hours when doing so would yield duty assignments for career employees. They did so for bidding purposes in Art A.1. This means our locals will have to be even more vigilant in enforcing the posting provisions of Article 37.3.A.1 to create desirable landing spots for excessed APWU employees. 17

18 PRINCIPLES AND REQUIREMENTS 12.B.4 Following Regional notification, the parties will meet at the Regional/Area level to discuss the excessing event. At the meeting, the Employer will provide a listing of the residual vacancies for the excessing event. Goldberg Award Art 12.5.B.4 In a National level award, 4/9/13, Arbitrator Goldberg determined that Article 12.5.B.4 does not explicitly or implicitly, contain the requirement the USPS must provide the APWU at the parties 90 day meeting with a list of residual vacancies containing at least as many vacancies as needed for the excessing event. (Cont d) Goldberg Award Art 12.5.B.4 (Cont d) He disagreed with the Union s position and ruled that the sole obligation of the USPS under the second sentence of paragraph of Article 12.5.B.4 is to provide the Union at the 90 day meeting with a list of as many residual vacancies as it has at that time. 18

19 PRINCIPLES AND REQUIREMENTS 12. B. 4. (cont d) If the radius of the event exceeds 50 miles, the parties will agree on a timeframe for the offering and awarding of the residual vacancies. This agreed upon process is to provide the impacted employee(s) at least 60 days written notice of the awarded duty assignment prior to the reporting date, unless the parties agree to a lesser period. PRINCIPLES AND REQUIREMENTS 12.B.4. (con t) If the radius is within 50 miles, the parties will agree on a timeframe for the offering and awarding of residual vacancies. This agreeupon process is to provide the impacted employee(s) at least 30 days written notice of the awarded duty assignment prior to the reporting date, unless the parties agree to a lesser period. REDUCTION IN NUMBER OF EMPLOYEES IN AN INSTALLATION OTHER THAN BY ATTRITION 12.5.C.5.a.(2 ) (2) Shall, to the extent possible minimize the impact on regular work force employees by separation of all PSE s 19

20 Snow Award 7/27/01 Art C.5.a(2) On 7/27/01 Arbitrator Snow issued an Award where he addressed the parties defined meaning of Art.12.5.C.5.a(2) All casuals have to be removed if it will minimize the impact on regular workforce employees. (Cont d) Snow Award 7/27/01 Art C.5.a(2) (Cont d) The Employer must eliminate all the casuals to the extent that it will minimize the impact of the regular workforce. The parties agreed that the Employer was only obligated to separate casual workers if doing so would yield sufficient hours for a regular workforce clerk, that is eight hours within nine or ten hours, five days a week. Das Award- 11/18/09 Art C.5.a(2) On 11/18/09, Arbitrator Das ruled in a National NALC case that the provision in Article 12.5.C.5.a(2) for separation of all casuals applies to casuals in the affected or losing craft, and not casuals in other crafts. This case arose after the NALC initiated a grievance regarding the meaning of the term all casuals in Article 12.5.C.5.a(2) of the CBA. 20

21 Das Award- 11/18/09 Art C.5.a(2) (Cont d) The APWU and the Mail Handlers Union intervened in this case. Arbitrator Das did not change any meaning of the language as was defined by the parties in the Snow award from REDUCTION IN NUMBER OF EMPLOYEES IN AN INSTALLATION OTHER THAN BY ATTRITION 12.5.C.5.a.(5) The Employee shall be returned at the first opportunity to the craft from which reassigned. REDUCTION IN NUMBER OF EMPLOYEES IN AN INSTALLATION OTHER THAN BY ATTRITION 12.5.C.5.a.(5) (CONT D) If an employee is reassigned to an APWU represented craft, when the Installation notifies the employee in writing that he or she will be returned to the craft from which reassigned, and before the employee is returned, the employee may waive return to the former craft by written notification to the installation head or designee within five (5) calendar days of the notification. 21

22 REDUCTION IN NUMBER OF EMPLOYEES IN AN INSTALLATION OTHER THAN BY ATTRITION 12.5.C.5.a(7) The right of election by a senior employee provided in paragraph b (3), below is not available for this cross-craft reassignment within the installation except for reassignments solely between APWU represented crafts. A senior volunteer as provided in paragraph b(3) below shall be allowed between APWU represented crafts. Seniority for employees is established in the respective gaining craft article. REASSIGNMENTS TO OTHER INSTALLATIONS AFTER MAKING REASSIGNMENTS WITHIN THE INSTALLATION 12.5.C.5.b.(3) Any senior employee in the same craft or occupational group in the same installation may elect to be reassigned to the gaining craft/installation. Seniority for employee is established in the respective gaining craft article. Such senior employees who accept reassignment to the gaining installation do not have retreat rights. REASSIGNMENTS TO OTHER INSTALLATIONS AFTER MAKING REASSIGNMENTS WITHIN THE INSTALLATION 12.5.C.5.b(5) In the Clerk Craft, in offices Level 20 and below, a full-time employee shall have the option of changing to a part-time flexible in lieu of involuntary reassignment. 22

23 REASSIGNMENTS TO OTHER INSTALLATIONS AFTER MAKING REASSIGNMENTS WITHIN THE INSTALLATION 12.5.C.5.b(6) Refer to the MEMO on Page 313 in the CBA CENTRALIZED MAIL, PROCESSING AND/OR DELIVERY INSTALLATION (CLERK CRAFT ONLY) 12.5.C.6 Note: There were no changes to this article, however this will probably be more prevalent in the future. Centralized Mail, Processing and/or Delivery Installation (Clerk Craft Only) Article 5.C. 6. a. When the operations at a centralized installation or other mail processing and/or delivery installation result in an excess of full-time clerks at another installation(s), full-time clerks who are excess in a losing installation(s) by reason of the change, shall be reassigned as provided in Section C.5.b. Reassignments of clerks shall be treated as details for the first 180 days to avoid inequities in the selection of preferred duty assignments by full-time clerks in the gaining installation. 23

24 CENTRALIZED MAIL, PROCESSING AND/OR DELIVERY INSTALLATION (CLERK CRAFT ONLY) (CONT) Article C. 6.b. Previously established preferred duty assignments which become vacant before expiration of the detail period must be posted for bid and awarded to eligible full-time clerks then permanently assigned in the gaining installation.. Excess part time flexible clerks may be reassigned as provided for in Section C.8. CENTRALIZED MAIL, PROCESSING AND/OR DELIVERY INSTALLATION (CLERK CRAFT ONLY) (CONT D) Article C. 6. c. All new duty assignments created in the gaining installation and all other vacant duty assignments in the centralized installation shall be posted for bid. One hundred eighty (180) days is computed from the date of the first detail of an employee. Bidding shall be open to all full-time clerks of the craft involved at the gaining installation. This includes full-time clerks assigned to the gaining installation. Centralized Mail, Processing and/or Delivery Installation (Clerk Craft Only) (Cont d) Article 12.5.C.6.d. WHEN THE CENTRALIZED INSTALLATION IS A NEW ONE: (1) Full-time clerks who apply for reassignment from the losing installation, shall be reassigned with their seniority. (2) Reassignments shall be in the order of seniority and shall not exceed the number of excess full-time clerks in the losing installation. 24

25 Centralized Mail, Processing and/or Delivery Installation (Clerk Craft Only) (Cont d) Article 12.5.C.6.d. WHEN THE CENTRALIZED INSTALLATION IS A NEW ONE: (3) The provisions of 5.a, above, apply to reassign junior full-time excess clerks, with their seniority, when there are excess full-time clerks after the reassignment of senior full-time clerks who apply for reassignment. Article 12.5.C.7. REASSIGNMENTS MOTOR VEHICLE NOTE: THERE WILL NO LONG BE PART-TIME REGULAR (PTR) AND PART-TIME FLEXIBLE (PTF) EMPLOYEES IN THE MOTOR VEHICLE CRAFT AS OF 8/23/11 Reassignments- Motor Vehicle Article 12.5.C. 7.a. When a vehicle maintenance facility is established to replace an auxiliary garage, full-time and parttime flexible craft positions in the gaining installation are to be posted in the losing installation for applications by full-time and parttime flexible employees, respectively. Senior qualified applicants shall be reassigned without loss of seniority, but not to exceed the number of excess employees in the losing installation. 25

26 Reassignments- Motor Vehicle (cont) Article C.7.b. When a vehicle maintenance facility is established to replace vehicle maintenance in a perimeter office, full-time and part-time flexible craft positions in the new maintenance facility shall be posted in the losing installation for applications by full-time and part-time flexible employees, respectively. Senior qualified applicants shall be reassigned without loss of seniority, but not to exceed the number of excess employees in the losing installation. Reassignments- Motor Vehicle (cont) Article 12.5.C.7.c. When vehicle operations are changed by transfer from one installation to another, new full-time and part-time flexible craft position shall be posted for applications in the losing installation by full-time part-time flexible employees in the craft, respectively. Senior qualified applicants shall be reassigned without loss of seniority, but not to exceed the number of excess employees in the losing installation. Reassignments- Motor Vehicle (cont) Article C.7.d. After all reassignments have been made to the gaining installation, pursuant to Subsections a, b and c, the new full-time assignments in the gaining installation shall be posted for bid. 26

27 Reassignments- Motor Vehicle (cont) Article 12.5.C.7.e. If, after establishment of a new installation, operations result in further excess at losing installation(s), the procedures in Subsections a, b, c and d, above, apply to reassign senior applicants from the losing installation(s) to positions in the new installation D. Part-Time Regular Employees (DELETE) ARTICLE 37 CHANGES IN WHICH SENIORITY IS REGAINED, RESTORED, OR RETAINED 37.2.D.5.D Employees Requesting Transfer in Lieu of Excessing. Any regular Clerk Craft employee in an installation experiencing excessing from the Clerk Craft may request to transfer into residual vacancies within the District and/or within hundred (100) mile radius pursuant to Paragraph 7 of the MOU on Transfer Opportunities to Minimize Excessing. 27

28 ARTICLE 37 CHANGES IN WHICH SENIORITY IS REGAINED, RESTORED, OR RETAINED 37.2.D.5.d.(1) Regular clerks who voluntarily transfer to the gaining installation pursuant to Paragraph 7 of the MOU will take their seniority with them. Such senior employees who volunteer to transfer to the gaining installation do not have retreat rights. ARTICLE 37 CHANGES IN WHICH SENIORITY IS REGAINED, RESTORED, OR RETAINED 37.2.D.5.d.(2) Part-Time flexible employees who volunteer to transfer to the gaining installation pursuant to Paragraph 7 of the MOU will be placed at the bottom of the part-time flexible roll. Upon conversion to full-time, an employee s seniority for bidding purposes shall include part-time flexible service in both the losing and gaining installations B ARTICLE 12 EXCEPTIONS CLERK CRAFT 28

29 Article 12 Exceptions- Clerk Craft Article 37.3.B.1. In the Clerk Craft, an employee(s) involuntarily excessed from the Craft or installation (Article12.5.C.5) shall be entitled at the time of such reassignment to file a written request to return to the first vacancy in the craft and installation from which reassigned. Such request for retreat rights must indicate whether the employee(s) desires to retreat to the same, lower, and/or higher salary level assignment and, if so, what salary level(s). Article 12 Exceptions- Clerk Craft Article 37.3.B.1. (Cont d) The employee(s) shall have the right to bid for vacancies within the former installation and written request for retreat rights shall serve as a bid for vacancies in the level from which the employee was reassigned. And for all residual vacancies in other levels for which the employee has expressed a desire to retreat. AUTOMATED RETREAT RIGHTS In June 2012 the USPS developed a method for clerks to exercise their retreat rights on ejob Bidding. Regardless if they work in a manual or automated bid site, they still can submit written acceptance of retreat rights. But now they can use ejob Bidding at LiteBlue. ejob Bidding is available 24/7 for involuntarily reassigned clerks represented by the APWU to accept, track, and manage their retreat rights. Retreat rights serve as a bid, the excessed clerk may exercise an option to bid and if they fail to do so, the computer will automatically bid for them per Mike Morris. 29

30 When Are Employees Entitled To Retreat? Discontinued installations Consolidation of an independent installation Transfer of a Classified Station or Branch to the jurisdiction of another installation or made an independent installation When Are Employees Entitled To Retreat? (Cont d) Reassignment within an installation of employees excess to the needs of a section Reduction in the number of employees in an installation other than by attrition Reassignment PTF in excess of quota (other than MVS) Article 12 Exceptions Clerk Craft Article 37.3.B. 1. (cont) The employee(s) may retreat to only those assignments for which the employee(s) would have been eligible to bid. If vacancies are available in the specified lower, higher or same salary level, the employee will be given the option. Reposting occurring pursuant to Article 37, Sections 3.A.4.a-fixed days off, 3.A.4.b-duties,PAA, scheme (subject to LMOU), and 3.A.4.c-starting time (subject to LMOU), are specifically excluded from the application of this subsection. 30

31 Article 12 Exceptions Clerk Craft Article 37.3.B. 1. (cont) Withdrawal of a bid or failure to qualify for a vacancy or residual vacancy terminates retreat rights to the level of the vacancy. Furthermore, employee(s) electing to retreat to a lower level are not entitled to salary protection. Article 12 Exceptions Clerk Craft (cont) Article 37.3.B. 2. In the Clerk Craft, when excessing from a section occurs (Article 12.5.C.4), any duty assignments remaining within the section occupied by Clerks junior to the senior Clerk whose duty assignment was abolished will be posted for bid to currently qualified Clerks within the section. Article 37.3.B. 3. Special excessing provisions for Best Qualified duty assignments are found at Article 37.3.A. 7.c. MEMO OF UNDERSTANDING ARTICLE 12.5.C.5.B.(6) (CARRIED FORWARD) FROM 2010 CONTRACT 31

32 MEMO FROM 315 OF THE 2010 CONTRACT (Carried Forward) RE: TRANSFERS THE PARTIES AGREE THAT THE FOLLOWING PROCEDURES WILL BE FOLLOWED WHEN CAREER POSTAL EMPLOYEES REQUEST REASSIGNMENT FROM ONE POSTAL INSTALLATION TO ANOTHER. JOINT QUESTIONS & ANSWERS June 28, 2011 Cliff Guffey, President American Postal Workers Union, AFL-CIO Doug A. Tulino, Vice President Labor Relations ARTICLE 12 QUESTION #45 (APWU- QUESTION #97) Article 12.5.B.2. is amended to include the need to identity duty assignments currently held by PSE s which shall be available for reassignment of excess career employees. Which duty assignments does this include? 32

33 ARTICLE 12 ANSWER #45 (APWU- QUESTION #97) IN ADDITION TO THOSE RESIDUAL DUTY ASSIGNMENTS INTO WHICH PSE S HAVE OPTED TO OCCUPY, THE PARTIES SHALL IDENTIFY THE EXISTENCE OF ANY OTHER DUTY ASSIGNMENTS OCCUPIED BY PSES IN ORDER TO MINIMIZE THE IMPACT OF EXCESSING ON FULL-TIME CAREER EMPLOYEES IN THE REGULAR WORK FORCE. ARTICLE 12 QUESTION #46 (APWU QUESTION # 98) Article 12.3.A.2 provides that an employee may be designated a successful bidder no more than five (5) times during the duration of the 2010 Agreement unless such bid is to a duty assignment which does not require a deferment period or additional off-site training? What are some examples? ARTICLE 12 ANSWER # 46 (APWU ANSWER # 98) (1) THE EMPLOYEE BIDS TO A POSITION FOR WHICH THE EMPLOYEE IS CURRENTLY QUALIFIED (2) THE EMPLOYEE BIDS TO A POSITION FOR WHICH THE EMPLOYEE HAS A LIVE RECORD.. NEITHER BID (1) OR (2) WOULD COUNT AGAINST THE FIVE (5) SUCCESSFUL BIDDER LIMIT. BIDS WILL ONLY BE COUNTED IF THE EMPLOYEE IS REQUIRED TO ENTER A DEFERMENT PERIOD OR RECEIVE ADDITIONAL OFF-SITE TRAINING FOR QUALIFICATION. 33

34 ARTICLE 12 Question #47 (APWU QUESTION #99) If a level 6 clerk who was excessed to a level 4 custodial assignment in the maintenance craft, upon notification of their opportunity to return to the clerk craft, waives their right to return in accordance with Article 12.5.C.5.(a) 5, will that employee retain saved grade? Article 12 ANSWER # 47 (APWU ANSWER #99) NO ARTICLE 12 QUESTION # 48 (APWU QUESTION #100) Does the opportunity provided in Article 12.5.C.5.(a).5, to waive return to the craft from which excessed within the installation, apply to all employees excessed into APWU crafts? 34

35 ARTICLE 12 ANSWER # 48 (APWU ANSWER # 100) NO. THIS OPPORTUNITY APPLIES ONLY TO EMPLOYEES EXCESSED FROM ONE APWU CRAFT INTO ANOTHER APWU CRAFT. ARTICLE 12 QUESTION # 49 (APWU QUESTION # 101) Article 12.5.C. 5.(a).5, provides that if an employee is reassigned to an APWU represented craft, when the installation notifies the employee in writing that he or she will be returned to the craft from which reassigned, and before the employee is returned, the employee may waive return to the former craft by written notification to the installation head or designee within five (5) calendar days of the notification does the right to waive return to the former craft apply to employees who were excessed between APWU crafts prior to May 23, 2011? ARTICLE 12 ANSWER # 49 (APWU ANSWER #101) YES. THE RIGHT TO WAIVE RETURN TO THE FORMER APWU CRAFT IS PROVIDED FOR UNDER THE TERMS OF THE 2010 AGREEMENT. 35

36 ARTICLE 12 QUESTION # 50 (APWU QUESTION #102) What happens to the retreat right of PTR employees in the Clerk and MVS crafts who have been excessed? ARTICLE 12 ANSWER #50 (APWU ANSWER #102) The MOU Re: Non-Traditional Full-Time (NTFT) Duty Assignments specifies that there will no longer be Part-Time Regular (PTR) employees in the clerk craft and there will no longer be Part-Time Regular (PTR) and Part-Time Flexible (PTF) employees in the motor vehicle craft. PTR assignments in the Clerk and MVS crafts will be converted to full-time. An excessed PTR will now have retreat rights to a full-time assignment in their original installation and craft. Failure to exercise the opportunity to retreat to the first available full-time assignment (including any NTFT Assignment) would terminate such rights. MOU Re: Transfer Opportunities To Minimize Excessing 36

37 MOU Re: Transfer Opportunities QUESTION # 51 (APWU QUESTION #112) Can the one hundred (100) mile radius be expanded and, if so, how? MOU Re: Transfer Opportunities ANSWER #51 (APWU ANSWER #112) THE PARTIES MAY MUTUALLY AGREE TO EXPAND THE AREA OF CONSIDERATION BEYOND THE ONE HUNDRED (100) MILE GEOGRAPHIC RADIUS IF THEY DETERMINE IT IS NECESSARY TO PROVIDE SUFFICIENT VACANCIES FOR OFFICES WITH EXCESS CLERKS. THIS MUTUAL AGREEMENT MAY ONLY OCCUR AT THE NATIONAL LEVEL. MOU Re: Transfer Opportunities QUESTION #52 (APWU QUESTION #113) Will all full-time clerks in the impacted installation be considered for these transfer opportunities, or will only the specific junior clerks identified as excess to the needs of the installation be eligible? 37

38 MOU Re: Transfer Opportunities ANSWER #52 (APWU ANSWER #113) ALL FULL-TIME CLERKS, REGARDLESS OF SENIORITY, LEVEL, OR SENIOR/BEST QUALIFIED STATUS, IN THE IMPACTED INSTALLATION WILL BE ELIGIBLE FOR CONSIDERATION. THIS WILL REDUCE THE NUMBER OF INVOLUNTARY REASSIGNMENTS NECESSARY IN AN EXCESSING SITUATION. MOU Re: Transfer Opportunities QUESTION # 53 (APWU QUESTION #114) Will the transfer opportunity be to the specific posted residual vacancy identified on e-reassign or will the transferring clerk become unencumbered in the new installation? MOU Re: Transfer Opportunities ANSWER #53 (APWU ANSWER #114) THE TRANSFERRING CLERK WILL BE AWARDED THE SPECIFIC POSTED RESIDUAL VACANCY AS IDENTIFIED ON E-REASSIGN. 38

39 MOU Re: Transfer Opportunities QUESTION #54 (APWU QUESTION #115) If multiple clerks from one or more impacted office(s) request transfer to a residual vacancy within the District or one hundred (100) mile radius as listed in e-reassign, how will the successful applicant for transfer be determined? MOU Re: Transfer Opportunities ANSWER #54 (APWU ANSWER #115) SELECTION WILL BE MADE ON A SENIORITY BASIS USING CRAFT INSTALLATION SENIORITY FROM THE LOSING INSTALLATION(S) MOU Re: Transfer Opportunities QUESTION # 55 (APWU QUESTION #116) Are these special transfer opportunities also available for part-time flexible clerks in offices where PTF s have been identified as excess to the needs of the installation? 39

40 MOU Re: Transfer Opportunities ANSWER #55 (APWU ANSWER #116) YES POSITIONS OF APWU QUESTIONS AND ANSWERS CBA These Questions and Answers reflect the position of the American Postal Workers Union, AFL-CIO. Discussions on these matters with the United States Postal Service continue. Many of these Q&As may ultimately be included in a jointly issued document. Until that happens this document is provided for your guidance. APWU QUESTION #104 Article 12.5.C.5.(a).5 obligates an APWU represented employee excessed into a non-apwu represented craft within the installation to be returned at the first opportunity. What happens if the first opportunity is to a NTFT duty assignment with less than 40 hours/week or more than 44 hours? ANSWER: THE EMPLOYEE WILL BE RETURNED TO THEIR APWU REPRESENTED CRAFT. HOWEVER, IF THE EMPLOYEE DECLINES TO ACCEPT THE NTFT DUTY ASSIGNMENT, THEY WILL BECOME UNENCUMBERED OR UNASSIGNED WITH A TRADITIONAL SCHEDULE. 40

41 APWU QUESTION #105 When offices are downsized under the Delivery Unit Optimization (DUO) do clerks who are displaced have the right to follow their work to the gaining installation? ANSWER: NO APWU QUESTION #106 The MOU on Minimizing Excessing states that if in unusual situations there are insufficient residual vacancies available for placement within fifty (50) miles, the parties at the national level will determine what step may be taken. What does this mean? ANSWER: IF THERE ARE INSUFFICIENT RESIDUAL VACANCIES WITHIN 50 MILES, THE PARTIES WILL EXPLORE ALL OTHER AVAILABLE OPTIONS TO CREATE OTHER ASSIGNMENTS WITHIN 50 MILES. APWU QUESTION #109 Without mutual agreement at the national level, may any APWU represented employee be involuntarily excessed more than 50 miles during the life of the CBA? ANSWER: NO 41

42 APWU QUESTION #110 MOU Re: Transfer Opportunities To Minimize Excessing What is the area of consideration for the special opportunity to voluntarily transfer pursuant to the MOU Re: Transfer Opportunities to Minimize Excessing granted in Paragraph #2 of the MOU Re: Minimizing Excessing, lifting the Item 7 restriction regarding withheld residual vacancies? APWU ANSWER #110 ANSWER: THIS APPLIES TO POSTED CLERK VACANCIES WITHIN THE DISTRICT AND TO POSTED CLERK VACANCIES IN INSTALLATIONS OUTSIDE THE DISTRICT, BUT WITHIN A ONE HUNDRED (100) MILE GEOGRAPHIC RADIUS OF THE IMPACTED INSTALLATION, WHICH ARE DETERMINED TO BE RESIDUAL AFTER COMPLETION OF THE BIDDING/ASSIGNMENT PROCESS IN ARTICLE 37.3 AND APWU QUESTION #111 When do the ereassign Transfer Opportunities specified in the Transfer Opportunities to Minimize Excessing MOU become available to clerks in an impacted installation? ANSWER: When APWU is notified of pending excessing of one or more clerks from the craft and/or installation, all clerks in the impacted installation will be notified of their right to apply for transfer to residual vacancies within the district and/or 100 mile geographic radius which will be made available beginning the following month through ereassign for a period of 21 days each month until the event has occurred or been withdrawn. 42

43 Goldberg award 8/1/12 No layoff protection Arbitrator Goldberg, on 8/1/12, ruled that employees represented by the APWU who transfer to or are excessed into non-apwu crafts may not carry the protection against layoffs they have earned under the APWU CBA to their new crafts. Career employees in all crafts currently earn lifetime protection against layoffs after six (6) years of continuous service. In the APWU you enjoy protection regardless of length of service provided the employee was on the rolls as of 11/21/10. So only those excessed into another craft with less than six (6) years service will not have layoff protection. APWU employees with six (6) or more years of continuous service still have the no layoff protection. 43