american postal workers union, afl-cio all craft conference las vegas, nevada october 11-14, 2011...

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AMERICAN POSTAL WORKERS UNION, AFL-CIO AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE ALL CRAFT CONFERENCE LAS VEGAS, NEVADA LAS VEGAS, NEVADA OCTOBER 11-14, 2011 OCTOBER 11-14, 2011 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. Cliff ‘C.J.’ Guffey, President Greg Bell, Executive Vice President Elizabeth ‘Liz’ Powell, Secretary- Treasurer Mike Morris, Director Industrial Relations Robert ‘Bob’ Pritchard, Director Motor Vehicle Division Steve Raymer, Director Maintenance Division Rob Strunk, Director Clerk Craft Division

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Page 1: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

AMERICAN POSTAL WORKERS UNION, AFL-CIOAMERICAN POSTAL WORKERS UNION, AFL-CIOALL CRAFT CONFERENCEALL CRAFT CONFERENCE

LAS VEGAS, NEVADALAS VEGAS, NEVADAOCTOBER 11-14, 2011OCTOBER 11-14, 2011

EXCESSINGA 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.

Cliff ‘C.J.’ Guffey, PresidentGreg Bell, Executive Vice PresidentElizabeth ‘Liz’ Powell, Secretary-TreasurerMike Morris, Director Industrial RelationsRobert ‘Bob’ Pritchard, Director Motor Vehicle DivisionSteve Raymer, Director Maintenance DivisionRob Strunk, Director Clerk Craft Division

Page 2: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

PANELPANEL

OMAR GONZALEZ WESTERN REGION COORDINATOR

SHARYN STONE CENTRAL REGION COORDINATOR

JOHN DIRZIUS NORTHEAST REGION COORDINATOR

MIKE GALLAGHER EASTERN REGION COORDINATOR

PRINCELLA VOGEL-EDWARDS SOUTHERN REGION COORDINATOR

Page 3: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

INSTRUCTORSINSTRUCTORSPETER CORADIPETER CORADI

NBA-CLERK DIVISION- NEW YORK REGIONNBA-CLERK DIVISION- NEW YORK REGION

STEPHEN LUKOSUSSTEPHEN LUKOSUS

NBA- CLERK DIVISION- NEW ENGLAND REGIONNBA- CLERK DIVISION- NEW ENGLAND REGION

SHIRLEY JEAN TAYLORSHIRLEY JEAN TAYLOR

NBA- CLERK DIVISION- SAN FRANCISCO NBA- CLERK DIVISION- SAN FRANCISCO REGIONREGION

Page 4: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

ARTICLE 12ARTICLE 12

EXCESSING EXCESSING

& &

REASSIGNMENTREASSIGNMENT

Page 5: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

MEMORANDUM OF AGREEMENTMEMORANDUM OF AGREEMENT

RE: RE: Minimizing ExcessingMinimizing Excessing

In order to minimize the impact on the employees In order to minimize the impact on the employees and the operation, the parties agree to the and the operation, the parties agree to the following provisions to curtail or minimize the following provisions to curtail or minimize the involuntary excessing and reassignment of involuntary excessing and reassignment of employees outside their installation or craft for employees outside their installation or craft for the term of the 2010 National Agreementthe term of the 2010 National Agreement

Page 6: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

Employees will have the opportunity to Employees will have the opportunity to voluntarily transfer pursuant to the provisions of voluntarily transfer pursuant to the provisions of

the Memorandum of Understanding RE: Transfer the Memorandum of Understanding RE: Transfer Opportunities to Minimize Excessing. For Opportunities to Minimize Excessing. For purposes of this identified opportunity, the purposes of this identified opportunity, the restriction in item 7 of that MOU is lifted so that restriction in item 7 of that MOU is lifted so that withheld vacancies are available.withheld vacancies are available.

MEMORANDUM OF AGREEMENTMEMORANDUM OF AGREEMENT(Cont’d)(Cont’d)

Page 7: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

The Postal Service will review its operations The Postal Service will review its operations 1)to create new and/or more efficient assignments 1)to create new and/or more efficient assignments within the installation that might lessen the within the installation that might lessen the excessing need and excessing need and

2) to look for scheduling opportunities to offer 2) to look for scheduling opportunities to offer assignments which are consistent with local assignments which are consistent with local operational needs and reduce/eliminate the need operational needs and reduce/eliminate the need to excess.to excess.

MEMORANDUM OF AGREEMENTMEMORANDUM OF AGREEMENT (Cont’d) (Cont’d)

Page 8: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

When employees are not able to be placed within When employees are not able to be placed within their installation and craft, the parties will meet to their installation and craft, the parties will meet to discuss options to avoid or minimize involuntary discuss options to avoid or minimize involuntary excessing, such as modifying work schedules, excessing, such as modifying work schedules, and will determine what options will be and will determine what options will be implemented. If there remains a need to place implemented. If there remains a need to place employees after exhaustion of any agreed to employees after exhaustion of any agreed to actions, excessing outside the installation or craft actions, excessing outside the installation or craft must be to an assignment within forty (40) miles must be to an assignment within forty (40) miles from the losing installation, or fifty (50) miles if from the losing installation, or fifty (50) miles if reassignment within forty (40) miles is not reassignment within forty (40) miles is not feasible.feasible.

MEMORANDUM OF AGREEMENTMEMORANDUM OF AGREEMENT (Cont’d) (Cont’d)

Page 9: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

If in unusual situations there are insufficient If in unusual situations there are insufficient residual vacancies available for placement within residual vacancies available for placement within fifty (50) miles, the parties will determine what fifty (50) miles, the parties will determine what steps may be taken.steps may be taken.

MEMORANDUM OF AGREEMENTMEMORANDUM OF AGREEMENT (Cont’d) (Cont’d)

Page 10: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

Withheld jobs not filled under the above procedure Withheld jobs not filled under the above procedure will remain vacant until it is determined that they will remain vacant until it is determined that they no longer need to be withheld.no longer need to be withheld.

MEMORANDUM OF AGREEMENTMEMORANDUM OF AGREEMENT (Cont’d) (Cont’d)

Page 11: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

If a need still exists to reassign employees who If a need still exists to reassign employees who have been notified of pending excessing after the have been notified of pending excessing after the steps above have been taken, such employees steps above have been taken, such employees given notice of reassignment pursuant to Article given notice of reassignment pursuant to Article 12 prior to the effective date of this Agreement 12 prior to the effective date of this Agreement may be reassigned.may be reassigned.

MEMORANDUM OF AGREEMENTMEMORANDUM OF AGREEMENT (Cont’d) (Cont’d)

Page 12: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

Anyone currently scheduled to be excessed who Anyone currently scheduled to be excessed who wishes to go will be allowed to do so.wishes to go will be allowed to do so.

MEMORANDUM OF AGREEMENTMEMORANDUM OF AGREEMENT (Cont’d)(Cont’d)

Page 13: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

Any disputes arising out of this memorandum will Any disputes arising out of this memorandum will be handled in accordance with the Memorandum be handled in accordance with the Memorandum of Understanding Re: Administrative Dispute of Understanding Re: Administrative Dispute Resolution Procedures.Resolution Procedures.

MEMORANDUM OF AGREEMENTMEMORANDUM OF AGREEMENT (Cont’d) (Cont’d)

Page 14: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

MEMORANDUM OF UNDERSTANDING CLERK CRAFT

RE: Excessing by Seniority Task Force-RE: Excessing by Seniority Task Force-Concerns have been raised with regard to the Concerns have been raised with regard to the application of seniority when excessing out of theapplication of seniority when excessing out of thecraft or installation. The parties have further agreed craft or installation. The parties have further agreed to explore how the excessing of Clerk Craft to explore how the excessing of Clerk Craft employees solely by seniority may resolve these employees solely by seniority may resolve these potential issues. As a result, during the term of the potential issues. As a result, during the term of the 2010 National Agreement, the parties intend to 2010 National Agreement, the parties intend to explore how Clerk Craft employees may be explore how Clerk Craft employees may be excessed out of the craft or installation consistent excessed out of the craft or installation consistent with Article 12 in order of seniority.with Article 12 in order of seniority.

Page 15: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

MEMORANDUM OF UNDERSTANDING(EXCERPT)

RE: RE: Non-Traditional Full-Time (NTFT) Duty AssignmentNon-Traditional Full-Time (NTFT) Duty Assignment

No Clerk or MVS employee who at the signing of this No Clerk or MVS employee who at the signing of this Agreement, has a full-time regular work schedule of Agreement, has a full-time regular work schedule of 40 hours a week will be involuntarily reassigned to 40 hours a week will be involuntarily reassigned to occupy a NTFT duty assignment of less than 40 occupy a NTFT duty assignment of less than 40 hours a week. However, such employees may be hours a week. However, such employees may be reassigned to occupy a NTFT duty assignment of 40-reassigned to occupy a NTFT duty assignment of 40-44 hours a week, so long as those assignments have 44 hours a week, so long as those assignments have at least two (2) scheduled off days, with no at least two (2) scheduled off days, with no scheduled work days of less than six (6) hours or scheduled work days of less than six (6) hours or more than ten (10) hours.more than ten (10) hours.

Page 16: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

Excessed employees with retreat rights (under Excessed employees with retreat rights (under 12.5.C.4 or 12.5.C.5) may decline the opportunity to 12.5.C.4 or 12.5.C.5) may decline the opportunity to retreat to non-traditional full-time assignment retreat to non-traditional full-time assignment without relinquishing the right to retreat to posted without relinquishing the right to retreat to posted traditional full-time regular duty assignment.traditional full-time regular duty assignment.

MEMORANDUM OF UNDERSTANDING(EXCERPT CONT’D)

Page 17: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

PART-TIME FLEXIBLE CONVERSION

Once management has determined that with-holding 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, 2011

Page 18: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

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

Page 19: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

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 assign-ment which becomes vacant due to incumbent bidding, retiring, resigning, etc.

Page 20: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

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)

Page 21: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

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)

Page 22: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

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

Page 23: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

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 transferalternative.

MEMORANDUM OF UNDERSTANDING(EXCERPT)

Page 24: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

2.7.2.7.With the exception of the Clerk craft, With the exception of the Clerk craft, impacted crafts or impacted crafts or

occupation groups in installations under Article 12 withholding occupation groups in installations under Article 12 withholding are not available for transfer requests. are not available for transfer requests. In the Clerk Craft only, In the Clerk Craft only, excluding installations concurrently experiencing excessing excluding installations concurrently experiencing excessing from the Clerk Craft, the following vacancies will be made from the Clerk Craft, the following vacancies will be made available through eReassign for transfer requests by Full-Time available through eReassign for transfer requests by Full-Time Regular clerks in impacted offices under this procedure for a Regular clerks in impacted offices under this procedure for a minimum of twenty-one (21) daysminimum of twenty-one (21) days before they may be before they may be withheld under Article 12 and Article 37.3.A. 2.withheld under Article 12 and Article 37.3.A. 2.

Re: Transfer Opportunities to Minimize Excessing

MEMORANDUM OF UNDERSTANDING(EXCERPT)

Page 25: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

Memo Transfer Opportunities Memo Transfer Opportunities (cont)(cont)

2.7.a.- 2.7.a.- Posted Clerk vacancies within Posted Clerk vacancies within the the

District which are determined to be District which are determined to be residual residual

after completion of the after completion of the bidding/assignment bidding/assignment

process in Article 37.3. and 37.4process in Article 37.3. and 37.4

MEMORANDUM OF UNDERSTANDING(EXCERPT)

Page 26: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

Transfer Opportunities Transfer Opportunities (cont)(cont)7.b. - 7.b. - Posted Clerk vacancies in installation outside the Posted Clerk vacancies in installation outside the District, but within a one hundred (100) mile geographic radius District, but within a one hundred (100) mile geographic radius of the impacted installation, which are determined to be of the impacted installation, which are determined to be

residual residual after completion of the bidding/assignment process in Article after completion of the bidding/assignment process in Article 37.3 and 37.4. The parties may mutually agree to expand the 37.3 and 37.4. The parties may mutually agree to expand the

area area of consideration beyond 100 miles if they determine it is of consideration beyond 100 miles if they determine it is necessary to provide sufficient vacancies for offices with excess necessary to provide sufficient vacancies for offices with excess Clerks. Clerks.

MEMORANDUM OF UNDERSTANDING(EXCERPT)

Page 27: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

Transfer Opportunities Transfer Opportunities (cont)(cont)7.c.- 7.c.- When the excessing involves Part-Time When the excessing involves Part-Time Flexibles, PTF vacancies within the same Flexibles, PTF vacancies within the same

areas areas identified in a and b above, will be made identified in a and b above, will be made

available available for transfer requests by part-time flexibles in for transfer requests by part-time flexibles in

the the impacted office.impacted office.

MEMORANDUM OF UNDERSTANDING(EXCERPT)

Page 28: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

Transfer Transfer Opportunities (cont)Opportunities (cont)

2.9.- 2.9.- Disputes arising from the application of Disputes arising from the application of

Transfer Opportunities to Minimize Excessing Transfer Opportunities to Minimize Excessing

MOU will be processed at the Area level. If MOU will be processed at the Area level. If

unable to resolve at the Area level the dispute unable to resolve at the Area level the dispute will will

be forwarded to the Headquarters level. be forwarded to the Headquarters level.

MEMORANDUM OF UNDERSTANDING(EXCERPT)

Page 29: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

ARTICLE 12 ARTICLE 12 EXCESSING EXCESSING CHANGESCHANGES

Page 30: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

SECTION 4SECTION 4PRINCIPLE OF REASSIGNMENTSPRINCIPLE OF REASSIGNMENTS

12.4.C.12.4.C. When employees are excessed out When employees are excessed out of their of their craft or craft or installation, the installation, the Union at the regional level Union at the regional level shall be shall be provided with provided with a comparative work a comparative work hour report of the losing hour report of the losing craft or craft or installation installation forty-five (45) forty-five (45) days. days. If If possible, possible, after the excessing of after the excessing of such employees.such employees.

Page 31: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

If a review of the report does If a review of the report does not substantiate that business not substantiate that business conditions warranted the action conditions warranted the action taken, such employees shall taken, such employees shall have their retreat rights have their retreat rights activated. If the retreat right is activated. If the retreat right is denied the employees have the denied the employees have the right to the grievance-right to the grievance-arbitration procedure.arbitration procedure.

12.4.C 12.4.C (cont)(cont)

SECTION 4SECTION 4PRINCIPLE OF REASSIGNMENTSPRINCIPLE OF REASSIGNMENTS

Page 32: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

In order to minimize the impact on In order to minimize the impact on employees in the regular work force, the employees in the regular work force, the Employer agrees to separate, to the Employer agrees to separate, to the extent possible, extent possible, PSEPSE employees working employees working the affected craft and installation prior the affected craft and installation prior to excessing any regular employee in to excessing any regular employee in that craft out of the installation. The that craft out of the installation. The junior full-time employee who is being junior full-time employee who is being excessed has the option of revert to excessed has the option of revert to part-time flexible status in his/her craft, part-time flexible status in his/her craft, or of being reassigned to the gaining or of being reassigned to the gaining installation.installation.

12.4.D. 12.4.D.

PRINCIPLE OF REASSIGNMENTSPRINCIPLE OF REASSIGNMENTS CONT’DCONT’D

Page 33: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

SECTION 5SECTION 5REASSIGNMENTSREASSIGNMENTS

Page 34: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

The parties agree that Article The parties agree that Article 12.5.B.2 shall be amended to 12.5.B.2 shall be amended to include the need to identify duty include the need to identify duty assignments within the appropriate assignments within the appropriate radius currently held by PSE radius currently held by PSE employees which shall be made employees which shall be made available for the reassignment of available for the reassignment of excess career employees.excess career employees.

PRINCIPLES AND REQUIREMENTS

12.5.B.2.

Page 35: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

Following Regional notification, the Following Regional notification, the parties will meet at the parties will meet at the Regional/Area level to discuss the Regional/Area level to discuss the excessing event. At the meeting, excessing event. At the meeting, the Employer will provide a listing the Employer will provide a listing of the residual vacancies for the of the residual vacancies for the excessing event.excessing event.

12.B.4

PRINCIPLES AND REQUIREMENTS

Page 36: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

12. B. 4. (continued)If the radius of the event exceeds 50 miles, If the radius of the event exceeds 50 miles, the parties will agree on a timeframe for the the parties will agree on a timeframe for the offering and awarding of the residual offering and awarding of the residual vacancies. This agreed upon process is to vacancies. This agreed upon process is to provide the impacted employee(s) at least 60 provide the impacted employee(s) at least 60 days written notice of the awarded duty days written notice of the awarded duty

assignment prior to the reporting date, unless assignment prior to the reporting date, unless

the parties agree to a lesser period.the parties agree to a lesser period.

PRINCIPLES AND REQUIREMENTS

Page 37: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

12.B.4. (continued)12.B.4. (continued) If the radius is within 50 miles, If the radius is within 50 miles,

the parties will agree on a the parties will agree on a timeframe for the offering and timeframe for the offering and awarding of residual vacancies. awarding of residual vacancies. This agree-upon process is to This agree-upon process is to provide the impacted employee(s) provide the impacted employee(s) at least 30 days written notice of at least 30 days written notice of the awarded duty assignment prior the awarded duty assignment prior to the reporting date, unless the to the reporting date, unless the parties agree to a lesser period.parties agree to a lesser period.

PRINCIPLES AND REQUIREMENTS

Page 38: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

12.5.C.5.a.(2 )12.5.C.5.a.(2 )(2) Shall, to the extent (2) Shall, to the extent

possible minimize the impact possible minimize the impact on regular work force on regular work force

employees be separation of employees be separation of all all PSE’s PSE’s

REDUCTION IN NUMBER OF EMPLOYEES IN AN INSTALLATION

OTHER THAN BY ATTRITION

Page 39: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

12.5.C.5.a.(5) 12.5.C.5.a.(5) The Employee shall be returned at the first The Employee shall be returned at the first opportunity to the craft from which opportunity to the craft from which reassigned. reassigned. If an employee is reassigned to If an employee is reassigned to an APWU represented craft, when the an APWU represented craft, when the installation notifies the employee in writing installation notifies the employee in writing that he or she will be returned to the craft that he or she will be returned to the craft from which reassigned, and before the from which reassigned, and before the employee is returned, the employee may employee is returned, the employee may waive return to the former craft by written waive return to the former craft by written notification to the installation head or notification to the installation head or designee within five (5) calendar days of designee within five (5) calendar days of the notification.the notification.

REDUCTION IN NUMBER OF EMPLOYEES IN AN INSTALLATION

OTHER THAN BY ATTRITION

Page 40: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

12.5.C.5.a(7)12.5.C.5.a(7)The right of election by a senior employee The right of election by a senior employee provided in paragraph be (3), below is not provided in paragraph be (3), below is not available for this cross-craft reassignment available for this cross-craft reassignment within the installation within the installation except for reassign-except for reassign-ments solely between APWU represented ments solely between APWU represented crafts. A senior volunteer as provided in crafts. A senior volunteer as provided in paragraph b(3) below shall be allowed paragraph b(3) below shall be allowed

between APWU represented crafts. between APWU represented crafts. Seniority for employees is established in Seniority for employees is established in

the respective gaining craft article.the respective gaining craft article.

REDUCTION IN NUMBER OF EMPLOYEES IN AN INSTALLATION

OTHER THAN BY ATTRITION

Page 41: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

12.5.C.5.b.(3) 12.5.C.5.b.(3) Any senior employee in the same craft or Any senior employee in the same craft or

occupational group in the same occupational group in the same installation may elect to be reassigned to installation may elect to be reassigned to the gaining the gaining craft/craft/installation. installation. Seniority Seniority

for employees is established in the for employees is established in the respective gaining craft article. respective gaining craft article. Such Such

senior employees who accept senior employees who accept reassignment to the gaining installation reassignment to the gaining installation

do not have retreat rightsdo not have retreat rights..

REASSIGNMENTS TO OTHER INSTALLATIONS AFTER MAKING REASSIGNMENTS WITHIN THE

INSTALLATION

Page 42: AMERICAN POSTAL WORKERS UNION, AFL-CIO ALL CRAFT CONFERENCE LAS VEGAS, NEVADA OCTOBER 11-14, 2011 EXCESSING A primary principle in effecting reassignment

12.5.C.5.b(5) 12.5.C.5.b(5) InIn the Clerk Craft, in offices Level the Clerk Craft, in offices Level 20 and below, a full-time 20 and below, a full-time employee shall have the option of employee shall have the option of changing to a part-time flexible in changing to a part-time flexible in lieu of involuntary reassignment.lieu of involuntary reassignment.

REASSIGNMENTS TO OTHER INSTALLATIONS AFTER MAKING REASSIGNMENTS WITHIN THE

INSTALLATION

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REASSIGNMENTS TO OTHER INSTALLATIONS AFTER MAKING REASSIGNMENTS WITHIN THE

INSTALLATION

12.5.C.5.b(6) 12.5.C.5.b(6) Refer to the MEMO on Page Refer to the MEMO on Page 313 in the 2007 – 10 CBA313 in the 2007 – 10 CBA

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12.5.C.612.5.C.6Note:Note: There were no changes to this There were no changes to this

article, however article, however will probably be more prevalent in will probably be more prevalent in

the future.the future.

CENTRALIZED MAIL, PROCESSING AND/OR DELIVERY INSTALLATION

(CLERK CRAFT ONLY)

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Centralized Mail, Processing and/or Centralized Mail, Processing and/or Delivery Installation (Clerk Craft Only)Delivery Installation (Clerk Craft Only)

Article 5.C. 6. a.Article 5.C. 6. a.When the operations at a centralized When the operations at a centralized installation or other mail processing installation or other mail processing

and/or delivery installation result in an and/or delivery installation result in an excess of full-time clerks at another excess of full-time clerks at another

installation(s), full-time clerks who are installation(s), full-time clerks who are excess in a losing installation(s) by reason excess in a losing installation(s) by reason

of the change, shall be reassigned as of the change, shall be reassigned as provided in Section C.5.b. Reassignments provided in Section C.5.b. Reassignments of clerks shall be treated as details for the of clerks shall be treated as details for the

first 180 days to avoid inequities in the first 180 days to avoid inequities in the selection of preferred duty assignments by selection of preferred duty assignments by full-time clerks in the gaining installationfull-time clerks in the gaining installation

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Article 12. 5. C. 6.b.Article 12. 5. C. 6.b.

Previously established preferred duty Previously established preferred duty assignments which become vacant before assignments which become vacant before

expiration of the detail period must be expiration of the detail period must be posted for bid and awarded to eligible posted for bid and awarded to eligible

full-time clerks then permanently full-time clerks then permanently assigned in the gaining installation.. assigned in the gaining installation..

Excess part –time flexible clerks may be Excess part –time flexible clerks may be reassigned as provided for in Section C.8.reassigned as provided for in Section C.8.

Centralized Mail, Processing and/or Delivery Centralized Mail, Processing and/or Delivery Installation (Clerk Craft Only) Installation (Clerk Craft Only) (cont)(cont)

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Article 12. 5. C. 6. c.Article 12. 5. C. 6. c.

All new duty assignments created in the All new duty assignments created in the gaining installation and all other vacant gaining installation and all other vacant

duty assignments in the centralized duty assignments in the centralized installation shall be posted for bid. One installation shall be posted for bid. One hundred eighty (180) days is computed hundred eighty (180) days is computed from the date of the first detail of an from the date of the first detail of an

employee. Bidding shall be open to all employee. Bidding shall be open to all full-time clerks of the craft involved at full-time clerks of the craft involved at the gaining installation. This includes the gaining installation. This includes full-time clerks assigned to the gaining full-time clerks assigned to the gaining

installation.installation.

Centralized Mail, Processing and/or Centralized Mail, Processing and/or Delivery Installation (Clerk Craft Only) Delivery Installation (Clerk Craft Only)

(cont’d)(cont’d)

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Article 12.5.C.6.d.Article 12.5.C.6.d.When the centralized installation is a new one:When the centralized installation is a new one:(1) Full-time clerks who apply for reassignment from the (1) Full-time clerks who apply for reassignment from the losing installation, shall be reassigned with their seniority.losing installation, shall be reassigned with their seniority.

((2) Reassignments shall be in the order of seniority and shall 2) Reassignments shall be in the order of seniority and shall not exceed the number of excess full-time clerks in the losing not exceed the number of excess full-time clerks in the losing installation.installation.

(3) The provisions of 5.a, above, apply to reassign junior full-(3) The provisions of 5.a, above, apply to reassign junior full-time excess clerks, with their seniority, when there are time excess clerks, with their seniority, when there are excess full-time clerks after the reassignment of senior full-excess full-time clerks after the reassignment of senior full-

time clerks who apply for time clerks who apply for rreassignment.eassignment.

Centralized Mail, Processing and/or Centralized Mail, Processing and/or Delivery Installation (Clerk Craft Only) Delivery Installation (Clerk Craft Only)

(cont’d)(cont’d)

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Article 12.5.C.7.Article 12.5.C.7.

Reassignments Reassignments Motor VehicleMotor Vehicle

NOTE:NOTE:There will no long be Part-Time There will no long be Part-Time Regular (PTR) and Part-Time Regular (PTR) and Part-Time

Flexible (PTF) employees in the Flexible (PTF) employees in the motor vehicle craft as of 8/23/11motor vehicle craft as of 8/23/11

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Reassignments- Motor VehicleReassignments- Motor VehicleArticle 12.5.C. 7.a.Article 12.5.C. 7.a.When a vehicle maintenance facility is established When a vehicle maintenance facility is established to replace an auxiliary garage, full-time and part-to replace an auxiliary garage, full-time and part-time flexible craft positions in the gaining time flexible craft positions in the gaining installation are to be posted in the losing installation are to be posted in the losing installation for applications by full-time and part-installation for applications by full-time and part-time flexible employees, respectively. Senior time flexible employees, respectively. Senior qualified applicants shall be reassigned without loss qualified applicants shall be reassigned without loss of seniority, but not to exceed the number of excess of seniority, but not to exceed the number of excess employees in the losing installation.employees in the losing installation.Article 12. 5.C.7.bArticle 12. 5.C.7.b..When a vehicle maintenance facility is established to replace When a vehicle maintenance facility is established to replace vehicle maintenance in a perimeter office, full-time and part-vehicle maintenance in a perimeter office, full-time and part-time flexible craft positions in the new maintenance facility time flexible craft positions in the new maintenance facility shall be posted in the losing installation for applications by shall be posted in the losing installation for applications by full-time and part-time flexible employees, respectively. full-time and part-time flexible employees, respectively. Senior qualified applicants shall be reassigned without loss of Senior qualified applicants shall be reassigned without loss of seniority, but not to exceed the number of excess employees seniority, but not to exceed the number of excess employees in the losing installation.in the losing installation.

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Reassignments- Motor Vehicle Reassignments- Motor Vehicle (cont)(cont)

Article 12.5.C.7.cArticle 12.5.C.7.c..

When vehicle operations are changed by When vehicle operations are changed by transfer from one installation to another, transfer from one installation to another, new full-time and part-time flexible craft new full-time and part-time flexible craft position shall be posted for applications position shall be posted for applications in the losing installation by full-time part-in the losing installation by full-time part-time flexible employees in the craft, time flexible employees in the craft, respectively. Senior qualified applicants respectively. Senior qualified applicants shall be reassigned without loss of shall be reassigned without loss of seniority, but not to exceed the number seniority, but not to exceed the number of excess employees in the losing of excess employees in the losing installation.installation.

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Reassignments – Motor Reassignments – Motor Vehicle Vehicle (cont)(cont)

Article 12. 5.C.7.d.Article 12. 5.C.7.d.

After all reassignments have been made to the gaining After all reassignments have been made to the gaining installation, pursuant to Subsections a, b and c, the new installation, pursuant to Subsections a, b and c, the new full-time assignments in the gaining installation shall be full-time assignments in the gaining installation shall be posted for bid.posted for bid.

Article 12.5.C.7.e.Article 12.5.C.7.e. If, after establishment of a new installation, operations If, after establishment of a new installation, operations

result in further excess at losing installation(s), the result in further excess at losing installation(s), the procedures in Subsections a, b, c and d, above, apply to procedures in Subsections a, b, c and d, above, apply to reassign senior applicants from the losing installation(s) reassign senior applicants from the losing installation(s) to positions in the new installationto positions in the new installation..

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12.5.D.12.5.D.

Part-Time Regular Part-Time Regular EmployeesEmployees(DELETE)(DELETE)

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ARTICLE 37ARTICLE 37CHANGES IN WHICH SENIORITY CHANGES IN WHICH SENIORITY

IS REGAINED, RESTORED, OR IS REGAINED, RESTORED, OR RETAINEDRETAINED

37.2.D.5.d 37.2.D.5.d Employees Requesting Transfer in Lieu of Employees Requesting Transfer in Lieu of Excessing. Any regular Clerk Craft Excessing. Any regular Clerk Craft employee in an installation experiencing employee in an installation experiencing excessing from the Clerk Craft may excessing from the Clerk Craft may request to transfer into residual request to transfer into residual vacancies within the District and/or vacancies within the District and/or within hundred (100) mile radius within hundred (100) mile radius pursuant to Paragraph 7 of the MOU on pursuant to Paragraph 7 of the MOU on Transfer Opportunities to Minimize Transfer Opportunities to Minimize Excessing.Excessing.

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37.2.D.5.d.(1) 37.2.D.5.d.(1) Regular clerks who voluntarily Regular clerks who voluntarily transfer to the gaining transfer to the gaining installation pursuant to installation pursuant to Paragraph 7 of the MOU will take Paragraph 7 of the MOU will take their seniority with them. Such their seniority with them. Such senior employees who volunteer senior employees who volunteer to transfer to the gaining to transfer to the gaining installation do not have retreat installation do not have retreat rights.rights.

ARTICLE 37ARTICLE 37CHANGES IN WHICH SENIORITY IS CHANGES IN WHICH SENIORITY IS

REGAINED, RESTORED, OR REGAINED, RESTORED, OR RETAINEDRETAINED

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37.2.D.5.d.(2)37.2.D.5.d.(2)Part-Time flexible employees who Part-Time flexible employees who volunteer to transfer to the gaining volunteer to transfer to the gaining installation pursuant to Paragraph 7 installation pursuant to Paragraph 7 of the MOU will be placed at the of the MOU will be placed at the bottom of the part-time flexible roll. bottom of the part-time flexible roll. Upon conversion to full-time, an Upon conversion to full-time, an employee’s seniority for bidding employee’s seniority for bidding purposes shall include part-time purposes shall include part-time flexible service in both the losing flexible service in both the losing and gaining installationsand gaining installations..

ARTICLE 37ARTICLE 37CHANGES IN WHICH SENIORITY IS CHANGES IN WHICH SENIORITY IS

REGAINED, RESTORED, OR REGAINED, RESTORED, OR RETAINEDRETAINED

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37.3.B 37.3.B ARTICLE 12 ARTICLE 12

EXCEPTIONSEXCEPTIONSCLERK CRAFTCLERK CRAFT

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AArticle 12 Exceptions- Clerk rticle 12 Exceptions- Clerk CraftCraft

Article 37.B.1.Article 37.B.1.

In the Clerk Craft, an employee(s) involuntarily excessed from the 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 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 such reassignment to file a written request to return to the first vacancy in the craft and installation from which reassigned. Such vacancy in the craft and installation from which reassigned. Such request for retreat rights must indicate whether the employee(s) request for retreat rights must indicate whether the employee(s) desires to retreat to the same, lower, and/or higher salary level desires to retreat to the same, lower, and/or higher salary level assignment and, if so, what salary level(s). The employee(s) shall assignment and, if so, what salary level(s). The employee(s) shall have the right to bid for vacancies within the former installation have the right to bid for vacancies within the former installation and written request for retreat rights shall serve as a bid for and written request for retreat rights shall serve as a bid for vacancies in the level from which the employee was reassigned. vacancies in the level from which the employee was reassigned. And for all residual vacancies in other levels for which the And for all residual vacancies in other levels for which the employee has expressed a desire to retreat.employee has expressed a desire to retreat.

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Article 12 Exceptions –Clerk Article 12 Exceptions –Clerk CraftCraft

Article 37.3.B. 1. Article 37.3.B. 1. (cont)(cont) The employee(s) may retreat to only those assignments for The employee(s) may retreat to only those assignments for

which the employee(s) would have been eligible to bid. If which the employee(s) would have been eligible to bid. If vacancies are available in the specified lower, higher or same vacancies are available in the specified lower, higher or same salary level, the employee will be given the option.salary level, the employee will be given the option.

Reposting occurring pursuant to Article 37, Sections 3.A.4.a, Reposting occurring pursuant to Article 37, Sections 3.A.4.a, 3.A. 4.b, and 3.A.4.c, are specifically excluded from the 3.A. 4.b, and 3.A.4.c, are specifically excluded from the application of this subsection.application of this subsection.

Withdrawal of a bid or failure to qualify for a vacancy or residual Withdrawal of a bid or failure to qualify for a vacancy or residual vacancy terminates retreat rights to the level of the vacancy. vacancy terminates retreat rights to the level of the vacancy.

Furthermore, employee(s) Furthermore, employee(s) electing to retreat to a lower electing to retreat to a lower level are not entitled to salary protection.level are not entitled to salary protection.

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Article 12 Exceptions – Clerk CraftArticle 12 Exceptions – Clerk Craft(cont)(cont)

Article 37.B. 2.Article 37.B. 2. In the Clerk Craft, when excessing from a section In the Clerk Craft, when excessing from a section

occurs (Article 12.5.C.4), any duty assignments occurs (Article 12.5.C.4), any duty assignments remaining within the section occupied by Clerks remaining within the section occupied by Clerks junior to the senior Clerk whose duty assignment junior to the senior Clerk whose duty assignment was abolished will be posted for bid to currently was abolished will be posted for bid to currently qualified Clerks within the section.qualified Clerks within the section.

Article 37.B. 3.Article 37.B. 3. Special excessing provisions for Best Qualified Special excessing provisions for Best Qualified

duty assignments are found at Article 37.3.A. 7.d.duty assignments are found at Article 37.3.A. 7.d.

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MEMO OF MEMO OF UNDERSTANDINUNDERSTANDIN

G G

ARTICLE ARTICLE 12.5.C.5.b.(6)12.5.C.5.b.(6)

(CARRIED (CARRIED FORWARD)FORWARD)

FROM 2010 FROM 2010 CONTRACTCONTRACT

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MEMO FROM 315 MEMO FROM 315 OF THE 2010 OF THE 2010 CONTRACTCONTRACT

(Carried Forward)(Carried Forward)Re: TransfersRe: Transfers

The parties agree that the following The parties agree that the following procedures will be followed when procedures will be followed when career Postal employees request career Postal employees request reassignment from one Postal reassignment from one Postal installation to another.installation to another.

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JOINT JOINT QUESTIONS & QUESTIONS &

ANSWERSANSWERSJune 28, 2011June 28, 2011

Cliff Guffey, PresidentCliff Guffey, PresidentAmerican Postal Workers Union, American Postal Workers Union,

AFL-CIO AFL-CIO Doug A. Tulino, Vice PresidentDoug A. Tulino, Vice President

Labor RelationsLabor Relations

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ARTICLE 12ARTICLE 12QUESTION #45QUESTION #45

(APWU- QUESTION #97)(APWU- QUESTION #97)Article 12.5.B.2. is amended to include Article 12.5.B.2. is amended to include the need to identity duty assignments the need to identity duty assignments currently held by PSE’s which shall be currently held by PSE’s which shall be available for reassignment of excess available for reassignment of excess career employees. Which duty career employees. Which duty assignments does this include?assignments does this include?

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ARTICLE 12ARTICLE 12

ANSWER #45ANSWER #45(APWU- QUESTION #97)(APWU- QUESTION #97)In addition to those residual duty In addition to those residual duty

assignments into which PSE’s assignments into which PSE’s have opted to occupy, the parties have opted to occupy, the parties shall identify the existence of any shall identify the existence of any other duty assignments occupied other duty assignments occupied by PSEs in order to minimized the by PSEs in order to minimized the impact of excessing on full-time impact of excessing on full-time career employees in the regular career employees in the regular

work force.work force.

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ARTICLE 12ARTICLE 12QUESTION #46QUESTION #46

(APWU QUESTION # 98)(APWU QUESTION # 98)Article 12.3.A. 2 provides that “an Article 12.3.A. 2 provides that “an employee may be designated a employee may be designated a successful bidder no more than successful bidder no more than five (5) times during the duration five (5) times during the duration of the 2010 Agreement unless of the 2010 Agreement unless such bid” is to a duty assignment such bid” is to a duty assignment which does not require a which does not require a deferment period or additional deferment period or additional off-site training? What are some off-site training? What are some examples?examples?

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ARTICLE 12ARTICLE 12

ANSWER # 46ANSWER # 46(APWU ANSWER # 98)(APWU ANSWER # 98)

(1) The employee bids to a position for (1) The employee bids to a position for which the employee is currently which the employee is currently

qualified (2) The employee bids to a qualified (2) The employee bids to a position position forfor which the employee has a which the employee has a

live record.. Neither bid (1) or (2) live record.. Neither bid (1) or (2) would count against the five (5) would count against the five (5)

successful bidder limit. Bids will only successful bidder limit. Bids will only be counted if the employee is required be counted if the employee is required to enter a deferment period or receive to enter a deferment period or receive

additional off-site training for additional off-site training for qualification.qualification.

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ARTICLE 12ARTICLE 12Question #47Question #47

(APWU QUESTION #99)(APWU QUESTION #99)If a level 6 clerk who was excessed If a level 6 clerk who was excessed to a level 4 custodial assignment in to a level 4 custodial assignment in the maintenance craft, upon the maintenance craft, upon notification of their opportunity to notification of their opportunity to return to the clerk craft, waives return to the clerk craft, waives their right to return in accordance their right to return in accordance with Article 12.5.C.5.(a) 5, will that with Article 12.5.C.5.(a) 5, will that employee retain saved grade?employee retain saved grade?

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Article 12Article 12ANSWER # 47ANSWER # 47

(APWU ANSWER #99)(APWU ANSWER #99)

NONO

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ARTICLE 12ARTICLE 12QUESTION # 48QUESTION # 48

(APWU QUESTION #100)(APWU QUESTION #100)Does the opportunity provided in Article 12.5.C. Does the opportunity provided in Article 12.5.C. 5.(a).5, to waive return to the craft from which 5.(a).5, to waive return to the craft from which excessed within the installation, apply to all excessed within the installation, apply to all employees excessed into APWU crafts?employees excessed into APWU crafts?

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ARTICLE 12ARTICLE 12ANSWER # 48ANSWER # 48

(APWU ANSWER # 100)(APWU ANSWER # 100)

No. This opportunity No. This opportunity applies only to applies only to

employees excessed from employees excessed from one APWU craft into one APWU craft into another APWU craft.another APWU craft.

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ARTICLE 12ARTICLE 12QUESTION # 49QUESTION # 49

(APWU QUESTION # 101)(APWU QUESTION # 101)

Article 12.5.C. 5.(a).5, provides that “if Article 12.5.C. 5.(a).5, provides that “if an employee is reassigned to an APWU an employee is reassigned to an APWU represented craft, when the installation represented craft, when the installation notifies the employee in writing that he notifies the employee in writing that he or she will be returned to the craft from or she will be returned to the craft from which reassigned, and before the which reassigned, and before the employee is returned, the employee may employee is returned, the employee may waive return to the former craft by waive return to the former craft by written notification to the installation written notification to the installation head or designee within five (5) calendar head or designee within five (5) calendar days of the notification” Does the right days of the notification” Does the right to “waive return to the former craft” to “waive return to the former craft” apply to employees who were excessed apply to employees who were excessed between APWU crafts prior to May 23, between APWU crafts prior to May 23, 2011?2011?

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ARTICLE 12ARTICLE 12ANSWER # 49ANSWER # 49

(APWU ANSWER #101)(APWU ANSWER #101)

Yes. The right to waive return Yes. The right to waive return to the former APWU craft is to the former APWU craft is

provided for under the terms of provided for under the terms of the 2010 agreement.the 2010 agreement.

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ARTICLE 12ARTICLE 12QUESTION # 50QUESTION # 50

(APWU QUESTION #102)(APWU QUESTION #102)

What happens to the What happens to the retreat right of PTR retreat right of PTR employees in the Clerk and employees in the Clerk and MVS crafts who have been MVS crafts who have been excessed?excessed?

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ARTICLE 12ARTICLE 12ANSWER #50ANSWER #50

(APWU ANSWER #102)(APWU ANSWER #102)The MOU Re: Non-Traditional Full-Time The MOU Re: Non-Traditional Full-Time

(NTFT) Duty Assignments specifies that “there (NTFT) Duty Assignments specifies that “there will no longer be Part-Time Regular (PTR) will no longer be Part-Time Regular (PTR)

employees in the clerk craft” and “there will no employees in the clerk craft” and “there will no longer be Part-Time Regular (PTR) and Part-longer be Part-Time Regular (PTR) and Part-Time Flexible (PTF) employees in the motor Time Flexible (PTF) employees in the motor vehicle craft.” PTR assignments in the Clerk vehicle craft.” PTR assignments in the Clerk

and MVS crafts will be converted to full-time. and MVS crafts will be converted to full-time. An excessed PTR will not have retreat rights to An excessed PTR will not have retreat rights to

a full-time assignment in their original a full-time assignment in their original installation and installation and craft. craft. Failure to exercise the Failure to exercise the opportunity to retreat to the first available full-opportunity to retreat to the first available full-

time assignment (including any NTFT time assignment (including any NTFT Assignment) would terminate such rights. Assignment) would terminate such rights.

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MOU Re: MOU Re: Transfer OpportunitiesTransfer Opportunities

ToToMinimize ExcessingMinimize Excessing

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MOU Re: Transfer MOU Re: Transfer OpportunitiesOpportunities

QUESTION # 51QUESTION # 51(APWU QUESTION #112)(APWU QUESTION #112)

Can the one hundred Can the one hundred (100) mile radius be (100) mile radius be expanded and, if so, expanded and, if so, how?how?

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MOU Re: Transfer MOU Re: Transfer OpportunitiesOpportunitiesANSWER #51ANSWER #51

(APWU ANSWER #112)(APWU ANSWER #112)The parties may mutually The parties may mutually

agree to expand the area of agree to expand the area of consideration beyond the one consideration beyond the one

hundred (100) mile geographic hundred (100) mile geographic radius if they determine it is radius if they determine it is

necessary to provide sufficient necessary to provide sufficient vacancies for offices with vacancies for offices with

excess clerks. This mutual excess clerks. This mutual agreement may only occur at agreement may only occur at

the national level.the national level.

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MOU Re: Transfer MOU Re: Transfer OpportunitiesOpportunities

QUESTION #52QUESTION #52(APWU QUESTION #113)(APWU QUESTION #113)

Will all full-time clerks in the Will all full-time clerks in the impacted installation be impacted installation be considered for these transfer considered for these transfer opportunities, or will only the opportunities, or will only the specific junior clerks identified as specific junior clerks identified as excess to the needs of the excess to the needs of the installation be eligible?installation be eligible?

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MOU Re: Transfer MOU Re: Transfer OpportunitiesOpportunitiesANSWER #52ANSWER #52

(APWU ANSWER #113)(APWU ANSWER #113)

All full-time clerk, regardless of All full-time clerk, regardless of seniority, level, or senior/best seniority, level, or senior/best

qualified status, in the qualified status, in the impacted installation will be impacted installation will be

eligible for consideration. This eligible for consideration. This will reduce the number of will reduce the number of involuntary reassignments involuntary reassignments necessary in an excessing necessary in an excessing

situation.situation.

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MOU Re: Transfer MOU Re: Transfer OpportunitiesOpportunities

QUESTION # 53QUESTION # 53(APWU QUESTION #114)(APWU QUESTION #114)

Will the transfer opportunity be to Will the transfer opportunity be to the specific posted residual vacancy the specific posted residual vacancy identified on eReassign or will the identified on eReassign or will the transferring clerk become transferring clerk become unencumbered in the new unencumbered in the new installation?installation?

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MOU Re: Transfer MOU Re: Transfer OpportunitiesOpportunitiesANSWER #53ANSWER #53

(APWU ANSWER #114)(APWU ANSWER #114)

The transferring clerk The transferring clerk will be awarded the will be awarded the

specific posted residual specific posted residual vacancy as identified on vacancy as identified on

eReassign.eReassign.

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MOU Re: Transfer MOU Re: Transfer OpportunitiesOpportunities

QUESTION #54QUESTION #54(APWU QUESTION #115)(APWU QUESTION #115)

If multiple clerks from one If multiple clerks from one or more impacted office(s) or more impacted office(s) request transfer to a request transfer to a residual vacancy within the residual vacancy within the District or one hundred District or one hundred (100) mile radius as listed (100) mile radius as listed in eReassign, how will the in eReassign, how will the successful applicant for successful applicant for transfer be determined?transfer be determined?

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MOU Re: Transfer MOU Re: Transfer OpportunitiesOpportunitiesANSWER #54ANSWER #54

(APWU ANSWER #115)(APWU ANSWER #115)

Selection will be made on Selection will be made on a seniority basis using a seniority basis using

craft installation craft installation seniority from the losing seniority from the losing

installation(s)installation(s)

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MOU Re: Transfer MOU Re: Transfer OpportunitiesOpportunities

QUESTION # 55QUESTION # 55(APWU QUESTION #116)(APWU QUESTION #116)

Are these special transfer Are these special transfer opportunities also available for opportunities also available for part-time flexible clerks in offices part-time flexible clerks in offices where PTF’s have been identified where PTF’s have been identified as excess to the needs of the as excess to the needs of the installation?installation?

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MOU Re: Transfer MOU Re: Transfer OpportunitiesOpportunitiesANSWER #55ANSWER #55

(APWU ANSWER #116)(APWU ANSWER #116)

YESYES

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POSITIONS POSITIONS OF OF

APWUAPWUQUESTIONS AND QUESTIONS AND

ANSWERSANSWERS2010-2015 -CBA2010-2015 -CBA

These Questions and Answers reflect the These Questions and Answers reflect the position of the American Postal Workers Union, position of the American Postal Workers Union, AFL-CIO. Discussions on these matters with AFL-CIO. Discussions on these matters with the United States Postal Service continuethe United States Postal Service continue.. Many of these Q&As may ultimately be Many of these Q&As may ultimately be included included a jointly issued document. Until that a jointly issued document. Until that happens this document is provided for your happens this document is provided for your guidance.guidance.

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APWU APWU QUESTIONQUESTION

#103#103Must all FT employee’s with retreat Must all FT employee’s with retreat right to the craft be allowed to retreat right to the craft be allowed to retreat before PTR’s in the MVS and Clerk craft before PTR’s in the MVS and Clerk craft and PTF’s in function 1 as well as in all and PTF’s in function 1 as well as in all offices level 21 and above can be offices level 21 and above can be converted to full-time under the NTFT converted to full-time under the NTFT MOU?MOU?

ANSWER: YESANSWER: YES

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APWU QUESTIONAPWU QUESTION#104#104

Article 12.5.C.5.(a).5 obligates an APWU represented employee Article 12.5.C.5.(a).5 obligates an APWU represented employee excessed into a non-APWU represented craft within the excessed into a non-APWU represented craft within the installation to be “returned at the first opportunity.” What happens installation to be “returned at the first opportunity.” What happens if the “first opportunity” is to a NTFT duty assignment with less if the “first opportunity” is to a NTFT duty assignment with less than 40 hours/week or more than 44 hours?than 40 hours/week or more than 44 hours?

ANSWER: THE EMPLOYEE WILL BE RETURNED TO THEIR ANSWER: THE EMPLOYEE WILL BE RETURNED TO THEIR APWU REPRESENTED CRAFT. HOWEVER, IF THE APWU REPRESENTED CRAFT. HOWEVER, IF THE EMPLOYEE DECLINES TO ACCEPT THE NTFT DUTY EMPLOYEE DECLINES TO ACCEPT THE NTFT DUTY ASSIGNMENT, THEY WILL BECOME UNENCUMBERED OR ASSIGNMENT, THEY WILL BECOME UNENCUMBERED OR UNASSIGNED WITH A “TRADITIONAL” SCHEDULE. UNASSIGNED WITH A “TRADITIONAL” SCHEDULE.

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APWU QUESTIONAPWU QUESTION#105#105

When offices are downsized under the When offices are downsized under the Delivery Unit Optimization (DUO) do Delivery Unit Optimization (DUO) do clerks who are displaced have the right to clerks who are displaced have the right to follow their work to the gaining follow their work to the gaining installation?installation?

ANSWER: NOANSWER: NO

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APWU QUESTIONAPWU QUESTION#106#106

The MOU on Minimizing Excessing states that “if in The MOU on Minimizing Excessing states that “if in unusual situations there are insufficient residual unusual situations there are insufficient residual vacancies available for placement with fifty (50) miles, vacancies available for placement with fifty (50) miles, the parties at the national level will determine what step the parties at the national level will determine what step may be taken.” What may be taken.” What does this mean?does this mean?

ANSWER: IF THERE ARE INSUFFICIENT RESIDUAL ANSWER: IF THERE ARE INSUFFICIENT RESIDUAL VACANCIES WITHIN 50 MILES, THE PARTIES WILL VACANCIES WITHIN 50 MILES, THE PARTIES WILL EXPLORE ALL OTHER AVAILABLE OPTIONS TO EXPLORE ALL OTHER AVAILABLE OPTIONS TO CREATE OTHER ASSIGNMENTS WITHIN 50 MILES.CREATE OTHER ASSIGNMENTS WITHIN 50 MILES.

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APWU QUESTIONAPWU QUESTION#109#109

Without mutual agreement at the national level, Without mutual agreement at the national level, may any APWU represented employee be may any APWU represented employee be involuntarily excessed more than 50 miles during involuntarily excessed more than 50 miles during the life of the 2010-15 CBA?the life of the 2010-15 CBA?

ANSWER: NOANSWER: NO

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MOU Re: MOU Re: Transfer Opportunities To Minimize Transfer Opportunities To Minimize Excessing Excessing What is the area of consideration for the special opportunity to What is the area of consideration for the special opportunity to

voluntarily transfer pursuant to the MOU Re: Transfer voluntarily transfer pursuant to the MOU Re: Transfer Opportunities to Minimize Excessing granted in Paragraph #2 Opportunities to Minimize Excessing granted in Paragraph #2 of the MOU Re: Minimizing Excessing, lifting the Item 7 of the MOU Re: Minimizing Excessing, lifting the Item 7 restriction regarding withheld residual vacancies?restriction regarding withheld residual vacancies?

ANSWER: THIS APPLIES TO POSTED CLERK VACANCIES WITHIN THE ANSWER: THIS APPLIES TO POSTED CLERK VACANCIES WITHIN THE DISTRICT AND TO POSTED CLEERK VACANCIES IN INSTALLATIONS DISTRICT AND TO POSTED CLEERK VACANCIES IN INSTALLATIONS OUTSIDE THE DISTRICT, BUT WITHIN A ONE HUNDRED (100) MILE OUTSIDE THE DISTRICT, BUT WITHIN A ONE HUNDRED (100) MILE GEOGRAPHIC RADIUS OF THE IMPACTED INSTALLATION, WHICH GEOGRAPHIC RADIUS OF THE IMPACTED INSTALLATION, WHICH ARE DETERMINED TO BE RESIDUAL AFTER COMPLETION OF THE ARE DETERMINED TO BE RESIDUAL AFTER COMPLETION OF THE BIDDING/ASSIGNMENT PROCESS IN ARTICLE 37.3 AND 37.4.BIDDING/ASSIGNMENT PROCESS IN ARTICLE 37.3 AND 37.4.

APWU QUESTION APWU QUESTION #110#110

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APWU QUESTIONAPWU QUESTION#111#111

When do the eReassign Transfer Opportunities When do the eReassign Transfer Opportunities specified in the “Transfer Opportunities to Minimize specified in the “Transfer Opportunities to Minimize Excessing” MOU become available to clerks in an Excessing” MOU become available to clerks in an impacted installation?impacted installation?•ANSWERANSWER: WHEN APWU IS NOTIFIED OF PENDING EXCESSING OF : WHEN APWU IS NOTIFIED OF PENDING EXCESSING OF ONE OR MORE CLERKS FROM THE CRAFT AND/OR INSTALLATION, ALL ONE OR MORE CLERKS FROM THE CRAFT AND/OR INSTALLATION, ALL CLERKS IN THE IMPACTED INSTALLATION WILL BE NOTIFIED OF THEIR CLERKS IN THE IMPACTED INSTALLATION WILL BE NOTIFIED OF THEIR RIGHT TO APPLY FOR TRANSFER TO RESIDUAL VACANCIES WITHIN THE RIGHT TO APPLY FOR TRANSFER TO RESIDUAL VACANCIES WITHIN THE DISTRICT AND/OR 100 MILE GEOGRAPHIC RADIUS WHICH WILL BE DISTRICT AND/OR 100 MILE GEOGRAPHIC RADIUS WHICH WILL BE MADE AVAILABLE BEGINNING THE FOLLOWING MONTH THROUGH MADE AVAILABLE BEGINNING THE FOLLOWING MONTH THROUGH eREASSIGN FOR A PERIOD OF 21 DAYS EACH MONTH UNTIL THE eREASSIGN FOR A PERIOD OF 21 DAYS EACH MONTH UNTIL THE EVENT HAS OCCURRED OR BEEN WITHDRAWNEVENT HAS OCCURRED OR BEEN WITHDRAWN. .

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NOVEMBER 2010 TO MAY 2015 NOVEMBER 2010 TO MAY 2015 CONTRACT EFFECTIVE DATESCONTRACT EFFECTIVE DATES

PTF Clerk Reassignment Opportunities MOUPTF Clerk Reassignment Opportunities MOU

May 23, 2011May 23, 2011

Minimizing Excessing MOUMinimizing Excessing MOU

May 23. 2011May 23. 2011

Excessing by Seniority Task Force MOU (Clerk Craft)Excessing by Seniority Task Force MOU (Clerk Craft)

June 22, 2011June 22, 2011Audit of EAS JobsAudit of EAS Jobs June 22, 2011June 22, 2011