LOCAL MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL POSTAL MAIL HANDLERS UNION LOCAL 304 LABORERS INTERNATIONAL UNION OF NORTH AMERICA AFL-CIO AND

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1 LOCAL MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL POSTAL MAIL HANDLERS UNION LOCAL 304 LABORERS INTERNATIONAL UNION OF NORTH AMERICA AFL-CIO AND THE UNITED STATES POSTAL SERVICE CANTON, OHIO

2 TABLE OF CONTENTS LOCAL AGREEMENT LISTING APPENDICES NUMERICALLY I THRU III. REFERENCE TO ARTICLE IN NATIONAL AGREEMENT IN PARENTHESES. APPENDIX I Memorandum of Understanding... Scope of Agreement APPENDIX III Item A Wash-Up Time. 3 Item B Curtailment or Termination of Postal Operations Item C thru K Leave Item L Overtime 9-10 Item M thru O Light Duty Item P Sections Item Q Parking 11 Item R Union Leave.. 12 Item S Posting. 12 Item T Temporary Reassignments APPENDIX III Item 1 Training.. 13 Item 2 Working Conditions. 13 Item 3 Joint Employee Service Committees 14 Item 4 Labor/Management Meetings 14 Item 5 Christmas Meeting 14 Item 6 Bulletins and Use of Telephones 14 Item 7 Updated Seniority Rosters and Personnel Action 15 2

3 APPENDIX I MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding entered April 1, 2017, in Canton, Ohio between the representatives of the United States Postal Service and Local 304, National Postal Mail Handlers Union, a Division of Laborers International Union of North America, AFL-CIO, pursuant to the Local Implementation Provision of the National Agreement. This Memorandum of Understanding constitutes the entire agreement on matters relating to the local conditions of employment. SCOPE OF AGREEMENT This Memorandum of Understanding constitutes the entire agreement between the parties and correctly expresses all the rights and obligations of the parties except for those items referred to impasse, if such items exists, which will be incorporated into the Local Memorandum of Understanding when those items are resolved at the proper impasse level. The parties acknowledge that each had an opportunity to make demands and proposals with respect to all collective bargaining subjects. Each party shall not be obligated to bargain with respect to any subject not covered in this Memorandum of understanding. Item A- Wash-Up Time APPENDIX II A. Mail Handlers shall be allowed a five (5) minute wash-up time prior to lunch and at the end of the tour. Additional wash-up time will be granted in accordance to Article 8, Section 9, of the National Agreement. Item B - Guidelines for The Curtailment or Termination of Postal Operations to Conform to Orders of Local Authorities or as Local Conditions Warrant Because of Emergency Conditions A. The decision for the curtailment or termination of postal operations to conform to the orders of local authorities or as local conditions warrant because of emergency conditions, shall be made by the Postmaster and for all other postal operations. 3

4 B. When the decision has been reached to curtail postal operations, to the extent possible, management will notify and seek the cooperation of local radio and television stations to inform employees. C. The Mail Handler Branch President / CAR, or Chief Steward will be informed within reasonable time the decision to terminate postal operations. D. In the event of curtailment or termination of postal operations, appropriate leave will be granted subject to the guarantees provided by Article 8 of the National Agreement. E. Local management will provide a phone number for all employees to call during emergency conditions to find out whether conditions warrant the wholesale closing of this facility. Item C - Formulation of Local Leave Program. One (1) copy of the vacation schedule from each section will be mailed to the local Branch President, CAR or Chief Steward. A. A copy of the Vacation Roster will be posted on an Official Bulletin Board. B. No trading of choice vacation periods will be permitted. C. An employee who is called to Military Duty or jury duty during his/her scheduled choice vacation will be given another selection but not to the detriment of any other employee in the craft. D. The employee, after making his selection for vacation and later wishing to relinquish all or part of his/her vacation, shall notify the employer and concur with the union, at least five (5) days prior to the service week containing the time to be relinquished for the purpose of reposting the vacant days or weeks. Relinquishment of approved choice vacation annual leave after the five (5) day requirement is for emergency purposes only and will be granted by consent of management and in concurrence with the union. No relinquishment of all or part of choice vacation annual leave will be permitted until all bidding periods are over. E. No relinquishment of less than one full day (8 hours) of choice vacation annual leave will be permitted F. Other annual leave will be granted on a first-come, first-serve basis. However, when more than one employee requests annual leave on the 4

5 same day for the same time- period, annual leave shall be granted by seniority, No PS Form 3971 (Request for annual leave) will be accepted more than thirty-days in advance for requested annual leave of less than a week. G. Employees requesting annual leave during the choice vacation period (See Item D), will be granted ALL HOLIDAYS in conjunction with the Requested annual leave, providing the employee annotates this request on his/her PS Form Any employee requesting and being approved annual leave during the choice vacation period and is short annual leave to cover such approved leave, may submit a request for Leave Without Pay (LWOP) to the Postmaster for consideration. H. Cancelled leave spots shall be annotated and posted and the Mail Handlers on that tour, will be notified of the posting for the purpose of bidding on the relinquished leave. These cancelled leave spots will be posted for a full 72- hour period. All relinquished leave will be posted, regardless of whether it is a full week or less. The leave will be granted by seniority after the 72 hour period. This relinquished leave will not be considered incidental, therefore, the 48 - hour return provision cited in Item K (A) will not apply. Leave will not automatically be granted if not returned within a 48 hour period. I. Management will be responsible for ensuring that the Choice Vacation Period schedule is current, by ensuring that the next Mail Handler in order of Seniority is aware that it is his/her turn to select their vacation. J. Any Mail Handler, who has chosen annual leave during the Choice Vacation Period (First or Second bidding period) while on another tour, will be allowed to take those chosen week(s) on the gaining tour. K. Any employee requesting and being approved annual leave and is short annual leave hours to cover such approved leave, upon his/her return shall not be subject to being charged absent without leave (AWOL) for the time not covered. L. The employer shall make all effort to grant leave to any Mail Handler requesting annual leave for the purpose of observing their birthday. M. Emergency leave may be granted upon request by the employee to his/her immediate supervisor or tour manager upon identification of the 5

6 emergency. If at any time it is determined that an emergency exists, a reasonable amount of leave necessary to cover the emergency will be approved. Item D The Duration of the Choice Vacation Period. A. It is agreed that the Choice Vacation Period will begin with the first Saturday in April for a fifty-two-week period, to include the entire month of December. Item E The Determination of the Beginning Day of an Employee s Vacation Period. A. The beginning date of an employee s vacation period shall be either the day before, or the day after their non-scheduled days, at the discretion of the employee, providing that, the week where the majority of the leave is taken is available. Otherwise, the employee may begin their annual leave on Saturday. The employee must indicate his/her choice of beginning date by annotating his/her Exceptions may be granted by agreement among the employee, the Union representative and the employer. Employees will not be required to work overtime on his/her scheduled days off in conjunction with his/her approved choice vacation selection, unless they volunteer to do so. Item F Methods for Selecting Choice Vacation Period. A. Employees selecting vacations during the Choice Vacation Period will do so in accordance with one of the options listed below. Employees earning 13 days of annual leave: Option 1: A single selection of up to ten (10) working days, two consecutive weeks. Option 2: Two selections of five (5) working days, one (1) week each. B. Employees earning 20 or 26 days of annual leave may select from one of the three following options: Option 1: A single selection of up to Fifteen (15) working days, three (3) consecutive weeks. Option 2: A single selection of up to Ten (10) working days, two (2) consecutive weeks 6

7 Option 3: Two selections: one of five (5) working days, one (1) week and one (1) of.. (10) working days, two (2) consecutive weeks. C. 1st Bidding Period: Begins on November 1 st Employees must select without alteration their vacation period within three (3) days from their first opportunity to do so, in accordance to seniority. Failure to exercise their option will result in forfeiture until the second bidding period. If the employee is off for any reason (i.e. N/S days or sick leave), the time -period will begin upon their return. D. 2nd Bidding Period: To Begin Immediately After the First Bidding Period To Be Completed by March 21st. The schedules will be re-posted and employees may select weeks within choice period, which are vacant on their tour assignment sheets. Selections will be by seniority. Employees must select without alteration their vacation period with three (3) days of their first opportunity to do so. Failure to exercise their option will result in forfeiture. If the employee is off for any reason (i.e. N/S days or sick leave), the time- period will begin upon their return. E. Part-time flexible Mail Handlers and Mail Handler Assistants (MHA) will be required to take the average weekly hours worked during the previous calendar quarter in their selection, not to exceed forty (40) hours. F. Mail Handler Assistants (MHA) can only choose annual leave after the first bidding period, and after all PTF s have chosen during the second bidding period. Item G Whether Jury Duty and Attendance at National or State Conventions shall be Charged to the Choice Vacation Period A. Court leave or jury duty will count against the allowable number of employees on annual leave during the choice vacation period. B. Annual leave to attend state and national conventions of the NPMHU designated by the Branch President/CAR or his/her designees in writing, will count toward the allowable number of employees on annual leave during the choice vacation period. This provision applies to only one Union representative. 7

8 Item H The Maximum Number of Employees Who Shall Receive Leave Each Week During the Choice Vacation Period A. When requested, one (1) Mail Handler per week per tour will be granted leave on all tours during the Choice Vacation Period. Item I The Issuance of Official Notice to Each Employee of the Vacation Schedule Approved for Each Employee. A. As soon as each vacation bid period is finished, each employee shall receive their duplicate copy of the PS Form 3971 submitted at the time they signed the vacation schedule one (1) copy of the finished vacation schedule for each tour will be mailed to the NPMHU Branch President/CAR and a copy of the finished vacation roster for each tour will be posted on the official bulletin board. Item J Determination of the Date and Means of Notifying Employees of the beginning of the New Leave Year. A. A meeting will be held on or about October 15th to formulate the choice vacation schedules for all tours between management and the NPMHU. Employees will be notified of the beginning of the new leave year by October 30th. Notices will be posted on official bulletin boards of all available weeks for the new leave year. Item K The Procedures for Submission of Applications for Annual Leave During Other Than the Choice Vacation Period A. The application for incidental leave shall be presented to management on a Form 3971, and in duplicate. The duplicate copy, signifying approval or disapproval will be returned to the employee within 48 hours, providing that, the application is submitted at least (5) days and no more than (30) days prior to the first day of approved leave. Employees requesting annual leave will be entitled to an answer within 48 hours from the end of tour on the date submitted. If no answer is received, the leave request is granted. Such leave if approved will be granted on a first come, first serve basis, by seniority. B. No Form 3971 will be accepted more than 30 days in advance of requested leave of less than one week. C. The parties agree that the efficiency of the Postal Service operations is of 8

9 paramount importance; however, it is agreed that the employer shall extend due consideration to any requests for leave, for the purpose of observing ETHNIC and RELIGIOUS events, as well as an employee s BIRTHDAY. D. Employees that submit a change of schedule (PS Form 3189) will be entitled to an answer within a 48-hour period, providing the 3189 is submitted at least two days in advance and for the same tour. If this criterion is met and the PS Form 3189 is not returned within 48-hour period, then the change of scheduled shall be considered approved. Item L Whether Overtime- Desired Lists in Article 8 Shall Be By Section and/or Tour. A. Overtime-Desired list will be maintained by tour. B. A copy of the Overtime Desired list will be posted on the official bulletin board and a copy will be mailed to the NPMHU every quarter. C. Once the Overtime Desired list is made up for the quarter, the only additions are as follows: 1. When a part time flexible Mail Handler/MHA is converted to a fulltime status. 2. When a successful bidder goes from one tour to a different tour. 3. When an employee is not available during the period where the OTDL is circulating, be it for hospitalization, convalescence, training school or annual leave/sick leave. 4. When a successful bidder who is still on the Overtime-Desired List goes from one tour to another. D. The employee will contact management, and a Union steward within seven (7) days of one, two or three above to add their name to the list. E. If the employee desires to remove his/her name from the Overtime- Desired list, a request will be submitted in writing to management and in concurrence with the NPMHU. The employee will be removed from the Overtime-Desired list within twenty-four (24) hours of the request. 9

10 F. Normally, employees shall not be required to work overtime unless the employee(s) have received a one (1) hour notice of the overtime assignment. However, in the event of unexpected or unforeseen circumstances, the employee shall be given as much notice as possible. Item M The Number of Light Duty Assignments Within Each Craft or Occupational Group to be Reserved for Temporary or Permanent Light Duty Assignments A. Any full-time regular or part-time employee recuperating from a serious illness, or injury and is temporarily unable to perform their assigned duties may voluntarily submit a written request to the Postmaster, or his/her designee for temporary assignment to a light duty assignment. A medical statement from a licensed physician including the anticipated duration of the convalescence period shall support the request. An employee who requests a light duty assignment can work any assignment that is not medically prohibited. A Mail Handler should be allowed to work his/her regular bid tour hours, basic work week and work duties, if duties are available within the employee s medical restrictions. Item N- The Method to be Used in Reserving Light Duty Assignments So That No Regularly Assigned Member of the Regular Work Force will be Adversely Affected A. When an employee represented by the memorandum requests a light duty assignment, management and the Union shall mutually agree upon the tour and duties of said employee. B. When it is proposed to assign an employee from another craft not represented by this memorandum to light duty in the Mail Handler craft, management and the Union shall come to a mutual- agreement as to the tour and duties of said employee. C. When any employee requests light duty within the Mail Handler bargaining unit, the Union shall be immediately notified. This notification shall include, but is not limited to, the following: 1. The name of the employee. 2. The general nature of the employee s illness or injury in nonmedical terms. 3. Approximate time this employee will be on light duty. 4. The physical restrictions of the employee. 10

11 D. If any Mail Handler craft employee s request for light duty is denied for any reason, then the Union shall be notified in writing of the denial and the reasonfor the denial by the installation head or his/her designee. Item O The Identification of Assignments That Are to be Considered Light Duty Within The Mail Handler Craft In Canton, Ohio A. Any duties within the light duty person s medical restrictions. Item P - The Identification of Assignments Comprising a Section When It is Proposed to Reassign Within an Installation, Employees Excess to the Needs of a Section A. When it is proposed to excess to the needs of a section: It is by tour. Tour 1 Tour 2 Tour 3 Item Q The Assignment of Employee Parking Space A. Management will make reasonable effort to provide adequate parking for all career Mail Handler employees. Parking will be allowed on first come, first serve basis. B. Mail Handlers shall be authorized to park their vehicles in any parking spaces not specifically designated for postal vehicles, vehicles under contract, or parking spaces designated for certain individuals or for the public. C. Employees will be provided parking stickers free of charge. Replacement stickers will be provided free of charge. Only name will be required to obtain a sticker. Item R Determination as to Whether Annual Leave to Attend Union Activities Requested Prior to Determination of the Choice Vacation Schedule is to be Part of the Total Vacation Plan 11

12 A. Approved leave to attend Union activities requested prior to determination of choice vacation schedule shall be part of the total choice vacation plan, except for the Branch President/CAR, the Chief Steward, or one designee. Item S -The determination of what constitutes a sufficient change of duties for a duty assignment to be re-posted: A. A change in any duties primary or secondary that would reduce those duties by more than 75% or place new or added duties that would require more than 75% of a tour to work. B. Should a determination be reached to change the status quo of a position, the decision shall be made within thirty (30) days after the position becomes vacant. C. The Branch President, CAR or his/her designee shall be notified in writing at least seventy-two (72) hours in advance of any such action. Item T - Local Implementation of This Agreement Relating to Seniority, Reassignment and Posting For temporary assignment or detail to higher level positions within the craft, SECTIONS will be recognized. A. All full-time and part-time regulars will have bid assignments as provided for under Article 12, Section 2, of the National Agreement. B. The order of movement from a bid assignment (reassignment) shall be by seniority in accordance to the National Agreement, Article 12.3 (E3A, B, C and D). When Article 12.3 E3A, B and C have been exhausted, reassignment out of bid assignments will be by juniority per section(s) as defined for this purpose only and not in any specific order: 1. Tour 1 Bullpen / Dock / MTE / Inside Positions 2. Tour 2 - Bullpen / Dock / MTE / Inside Positions 12

13 3. Tour 3 - Bullpen / Dock / MTE / Inside Positions 4. Group Leader, Asst. Group Leader is their own sections. C. Reassignment back into bid assignments will be by seniority. Item 1 Training APPENDIX III A. Management will continue its policy to make available to the crafts training programs for employee improvement that is applicable, available and necessary. Management and the NPMHU will meet to discuss the formulation of a training process for new hires and transfers when necessary. Item 2 Working Conditions A. Employees working between hot and cold work areas will be permitted reasonable time to change clothing suitable for the assignment. B. Lunch periods will not normally be changed, unless the needs of the service dictate. Item 3 Joint Employee Service Committees A. Management will consult with the NPMHU on Mail Handler appointments to all service committees. B. The local Branch President/CAR will submit to the Postmaster Employee s names for appointments. 13

14 Item 4 Labor Management Meetings A. In addition to the Christmas meeting, a separate Labor/Management meeting shall be scheduled once every two (2) months beginning in January of the calendar year. This meeting will be held on a date and time mutually convenient to all parties involved. After each meeting, a date and time for the next meeting will be mutually agreed upon and scheduled. Agenda items will be submitted at least two (2) days prior to the meeting and will be restricted to items of general concern; this however does not preclude the parties from mutually agreeing to discuss items that were not submitted prior to the meeting. Minutes will be kept of the meeting with copies provided to both parties. Copies of said meeting will be posted on all official bulletin boards. The Postmaster or his/her designee and such other managers who are available will represent management. Item 5 Christmas Meeting A. The October meeting will be for discussing Christmas operations. The date of this meeting will be subject to change depending on receipt of instructions from the US Postal Service. Item 6 Bulletins and Use of Telephones A. Management will provide regional and postal bulletins and letters of general interest to the organization. Emergency telephone calls may be permitted with management s permission. B. Union representatives and Stewards shall be authorized by the responsible supervisor to use post office telephones when engaged in activities outlined in Articles 15 and 17 of the National Agreement subject to sound business judgment and practices. Item 7- Updated Seniority Rosters and Personnel Action A. The union will be furnished copies of updated seniority roster for all Crafts when they are available. The union will also be furnished copies of personnel actions in Canton, Ohio when available. 14

15 This MEMORANDUM OF UNDERSTANDING is entered on April 1, 2017, in Canton, Ohio, between the representative of the United States Postal Service, and the designated agent of the National Postal Mail Handlers Union, AFL-CIO, a division of the Laborers International Union of North America (LIUNA), pursuant to the local implementation article of the National Agreement. This MEMORANDUM of UNDERSTANDING constitutes the entire agreement on matters relating to local conditions of employment. David A. Curry Postmaster United States Postal Service Canton, Ohio Timothy J. Manning Branch President Local 304 National Postal Mail Handlers Union Canton, Ohio