2010 LOCAL MEMORANDUM OF UNDERSTANDING

Transcription

1 2010 LOCAL MEMORANDUM OF UNDERSTANDING BETWEEN THE DENVER METRO AREA LOCAL OF THE AMERICAN POSTAL WORKERS UNION AND THE ENGLEWOOD, COLORADO, POST OFFICE OF THE UNITED STATES POSTAL SERVICE Page 1

2 Englewood, Colorado Memoranda of Understanding This Memoranda of Understanding is entered into on, at Englewood, Colorado, between the representatives of the United States Postal Service and the American Postal Workers Union signatory to the National Agreement pursuant to the local implementation provisions of the 2010 National Agreement. All consultation pertaining to the Denver Metro Area Local, APWU, shall be directed to the President of the Denver Metro Area Local, APWU, or his designated representative. This Memoranda of Understanding constitutes the entire agreement on matters relating to local conditions of employment. Items sent to arbitration shall become part of the 2010 Memoranda of Understanding under the conditions stipulated by the arbitrator. DURATION The terms of the Memoranda of Understanding shall be effective on signature by the employer and the Union, and remain in full force and effect during the 2010 National Agreement, and until the signing of the 2015 Local Memoranda of understanding, providing the employer and the union reach an agreement at the national level, and the local implementation procedures are contained in the 2015 Agreement. SEPARABILITY Should any item of the local implementation be rendered or be declared invalid by reason of any existing or subsequently enacted legislation, or by a court of competent jurisdiction, or invalidated through Regional and/or National action, such invalidation of such part or provision of this local implementation shall not invalidate the remaining portions of this local implementation, and they shall remain in full force and effect. RECOGNITION The Employer recognizes the Denver Metro Area Local of the APWU, AFL-CIO, as the exclusive bargaining representatives for all Englewood employees in the following crafts as certified and recognized at the National level: Motor Vehicle, Clerks and Maintenance. Page 2

3 ITEM I WASH-UP PERIODS Employees shall be given five (5) minute wash-up time immediately before their lunch break, immediately before the end of their work day, and at any other special circumstances when it is deemed necessary or needed. ITEM II WORK WEEKS A. The regular work week shall consist of five (5) days with fixed days off. These days shall be consecutive, when possible. B. When Automation and Technology, as well as other factors, cause the need to adjust Bid Assignments, the parties at the Local Level shall have the authority, with mutual agreement between the APWU and USPS, to negotiate rotating days off work schedules (per Article 30 Section B2 of the National Agreement). ITEM III GUIDELINES FOR CURTAILMENT OR TERMINATION OF POSTAL OPERATIONS TO CONFORM TO ORDERS OF LOCAL AUTHORITIES OR AS LOCAL CONDITIONS WARRANT BECAUSE OF EMERGENCY CONDITIONS A. After a thorough review of Local Authority declarations when Postal Authorities declare an emergency condition exists which endangers the well being of any employee, they shall take prompt action to alleviate such danger. At such times when employees are outside the office and management communications to them, regarding the emergency which may affect their well being, cannot be given to them in a timely manner it is natural for the employee to determine the proper action to take based on their mature good judgement; when and if such is done, they shall communicate with management as soon as possible. B. In the event of an emergency, management s first consideration is the Safety of all postal employees. The decision to evacuate is a management decision based on the ELM Handbook Chapter 519 and the above principles. Page 3

4 ITEM IV FORMULATION OF LOCAL LEAVE PROGRAM A. Selections for vacation periods shall begin November 15 th and shall be completed by December 31 st. B. It shall be the responsibility of each employee to plan their vacation period in accordance with their desires and all employees shall select a vacation period or periods to avoid forfeiting any part of their annual leave. C. A copy of the vacation schedule shall be posted on the bulletin boards of each unit. D. When a choice vacation period is vacated for any reason, this vacation period shall be re-bid, by seniority, from the vacating employee on down. Employees who find that they will be unable to take their approved annual leave period shall notify their supervisor at least ten (10) days prior to the vacated leave. The vacated leave period shall then be rebid, as outlined in this Item IV. E. The choice vacation period shall be 49 weeks, starting the first full week in January and includes the week following Christmas beginning December 29 th. The selection of vacation bidding will be by seniority, craft and unit. F. The agreed to formula is as follows: During the choice vacation period, the number of employees allowed off will be based on 12% of the total clerk complement in the following sections: 1. Main Office 2. Downtown Station 3. Greenwood Village Branch (maximum of two (2) Full-Time Window Clerks and one (1) Bulk Mail Clerk). 4. Mail Processing Center (maximum of two (2) clerks with Tour 2 begin tour). G. The Maintenance craft will be a separate section by facility when bidding Annual Leave. H. Any established station relief clerks will bid annual leave with the clerks at the units relieved. Bulk Mail Acceptance Clerks will bid with Greenwood Village Branch Clerks during the choice period under Sections F above. I. Should new facilities be added to the Englewood office the employees allowed off during the choice vacation period will be determined by the same percentages in Sections F above. Page 4

5 J. The total number allowed off during the Bid Annual process will be determined by percentages and any fraction.5% and above will be rounded up to the next whole number. A minimum of one (1) employee per section per round of bidding will be allowed off. K. Should any employee bid or be involuntarily reassigned to another section that employees bid annual period shall be carried forward to the new section. This does not constitute vacating the bid annual period. L. The vacation period is to begin on Sunday and end on Saturday. Consideration will be given to granting Change of Schedules with management s approval due to the needs of the Service. M. Employees shall not be required to work days off or holidays immediately preceding or following an approved period of annual leave. N. Employees shall be entitled to two (2) basic rounds of bidding by seniority. Employees shall be allowed one of the options below: Option 1. Ten (10) or fifteen (15) continuous days of annual leave. Option 2. Employee will be allowed two (2) choices not to exceed their maximum entitlement of ten (10) or fifteen (15) days. On the second basic round of bidding, the employees shall be entitled to bid all open periods, as outlined in Options 1 and 2 above. O. After completion of the basic rounds of bidding, additional leave may be granted by making application of as Form 3971 for any periods still available under the formulas as provided for in Section F in Item IV. Granting of annual leave on such applications will be on a first come first served basis, except for the first forty-eight (48) hours which will be done by seniority. P. Leave to attend National, State or Regional Union conventions will not be considered part of the total choice vacation period. Q. Management will make available enough spaces during the choice vacation period to assure that all employees may be scheduled leave in accordance with Article 10, Section 3.D of the National Agreement. R. Employees shall submit a duplicate Form 3971 for each period of leave selected and approved. The duplicate copy of each 3971 will be returned as official notification of approved leave. S. Notice of the beginning of the new leave year will be posted on bulletin boards prior to November 1 st each year and stand-up talks will be given. The APWU Chief Steward/Designee will attend annual leave stand-up talks. The number of employees to be granted annual leave during the choice period will be established based on employees eligible for leave in the craft and section as of November 1 st. Page 5

6 T. If a request for annual leave is submitted with a duplicate Form 3971 by the employee personally to their supervisor at least seven (7) days prior to the first day of the requested leave, a determination shall be made on such requests within two (2) working days of the submission of the request. If the employer fails to respond within two (2) working days, the leave shall be considered approved. Employer will sign signature block with date notified as verification of request received. When two (2) requests are made at the same time, seniority shall prevail. U. In the event an employee is summoned for jury duty, military leave or a National Convention that interferes with a previously bid vacation, the employee will be granted a replacement period in choice or non-choice as applicable. V. An employee may be granted annual or leave without pay at the election of the employee to attend APWU meetings provided the request is submitted to the immediate supervisor two (2) working days in advance and does not seriously and adversely affect the needs of the service. Such requests will be submitted with a duplicate PS Form 3971 by the employee personally to their supervisor. Supervisor will sign signature block with date notified as verification of request received. Action will be taken on the request within twenty-four (24) hours, if no action is taken at the end of the twenty-four (24) hours the request shall be automatically approved. 1. Extending the tour of duty will be considered, subject to the above conditions in lieu of leave, if it does not involve payment of overtime or premium pay. The employee must fill out a 3189 and a 3971 to extend tour to avoid any confusion. W. Employees shall not be entitled to bid more Annual Leave than they have accrued or will accrue. ITEM XIII HOLIDAYS A. Selection of employees to work on their holiday shall be by tour in each designated section. Selection of qualified employees to work their holidays shall be as follows: 1. Full-Time regulars and Non Traditional Full Time Employees, who volunteer for their holiday or designated holiday. 2. PSEs 3. Full-Time regulars and Non Traditional Full Time Employees, who volunteer for their Non- Schedule Day. 4. Full-Time regulars and Non Traditional Full Time Employees (non voluntary by juniority) a. Whose schedule includes that day as a holiday b. Whose schedule does not include that day as a holiday Page 6

7 ITEM XIV OVERTIME POLICY A. Overtime desired lists will be established by tour. Sections for overtime are: 1. Main Office 2. Downtown Station 3. Greenwood Village Branch 4. Mail Processing Center B. Management will give at least one (1) hour advanced notice of overtime. When circumstances make it less than possible, the overtime shall be on a voluntary basis. This language does not apply when the one (1) hour advance notice could not be given due to a serious emergency. C. List will be posted on official boards two (2) weeks prior to the beginning of a new calendar quarter for employees in the section to sign if they desire overtime. At the beginning of the new quarter the official list will be posted on the official bulletin board and updated as changes occur. ITEMS XV, XVI AND XVII LIGHT DUTY ASSIGNMENTS A. There shall be temporary and permanent light duty assignments provided based on availability of work within the employees limitation. 1. Temporary light duty assignments shall normally be for up to thirty (30) days, with a possibility of extension. 2. Permanent light duty assignments shall normally require scheme assignments. B. An eligible employee who desires a light duty assignment shall make an application which shall consist of the employees request for light duty, accompanied by a written recommendation signed by their physician which clearly states the disability, the expected duration of the disability and the limitation. C. Once assigned to a permanent light duty, an employee shall remain on that position subject to periodic review of their disability by the Medical Office. D. Employees assigned to temporary light duty shall be required to provide additional medical justification if they wish to request extension of the assignment. Page 7

8 E. An employee on light duty status who bids a permanent position will be required to document and demonstrate that they have recovered sufficiently from the physical limitations which placed them on light duty. F. No regular employee shall be displaced regular assignment by application of the Article. G. An employee receiving a permanent light duty assignment will relinquish their bid position. H. Craft crossing shall be kept to a minimum and shall have no adverse effect on the clerk craft. I. Nothing in this Agreement can be interpreted to mean the employee will be given preferred hours or days off because of a light duty assignment. J. Light duty assignments will not exceed 3% of the total work force installation wide. If there is Light Duty work available within the employees restriction, management will make reasonable effort to accommodate the request beyond the 3%. A. Section for reassignments purposes shall be: 1. Main Office 2. Downtown Station 3. Greenwood Village Branch 4. Mail Processing Center ITEM XVIII REASSIGNMENTS ITEM XIX PARKING If during the life of this Agreement, a parking area becomes available, it will be subject to an addendum to this Memorandum of Understanding. ITEM XXII BID ASSIGNMENTS A. When submitting more than one (1) bid, the clerk will specify order of choice by number on bid cards, 1 st choice, 2 nd choice, 3 rd choice, etc. Page 8

9 B. All vacant or newly established craft duty assignments will be posted on all official bulletin boards for seven (7) days. C. At the close of each bid period, the senior qualified bidder(s) must be placed into the new assignment within 28 days following the closing date. D. When during or at the end of the deferment period, a senior bidder qualifies they must be placed into the new assignment within 28 days following qualification. E. The following actions shall cause a duty assignment to be reposted: 1. A change in starting time over one (1) cumulative hour. F. The incumbent, at their option, shall remain in the duty assignment or shall elect to vacate the duty assignment in the below situations: 1. When financial responsibility is added to or withdrawn from the original job description. 2. When any scheme is added to or withdrawn from the original job description. 3. When it is proposed to change the starting time of all duty assignments of the entire section over one (1) cumulative hour. G. The parties may mutually agree to modify the conditions for re-posting depending on the circumstances of the changes provided the changes are not inconsistent or in conflict with the National Agreement. John A. Ancona, President Date Kenneth R. Price, Postmaster Englewood Date Denver Metro Area Local APWU US Postal Service Page 9