| Section 1. Probationary Period
A. The probationary period for a new employee shall be
ninety (90) calendar days. The Employer shall have the
right to separate from its employ any probationary
employee at any time during the probationary period and
these probationary employees shall not be permitted
access to the grievance procedure in relation thereto. If
the Employer intends to separate an employee during the
probationary period for scheme failure, the employee
shall be given at least seven (7) days advance notice of
such intent to separate the employee. If the employee
qualifies on the scheme within the notice period, the
employee will not be separated for prior scheme failure.
B. The parties recognize that the failure of the
Employer to discover a falsification by an employee in
the employment application prior to the expiration of the
probationary period shall not bar the use of such
falsification as a reason for discharge.
C. When an employee completes the probationary period,
seniority will be computed in accordance with this
Agreement as of the initial day of full-time or part-time
employment.
D. When an employee who is separated from the Postal
Service for any reason is re-hired, the employee shall
serve a new probationary period. If the separation was
due to disability, the employee's seniority shall be
established in accordance with Section 2, if applicable.
Section 2. Principles of Seniority
A. Except as specifically provided in this Article,
the principles of seniority are established in the craft
Articles of this Agreement.
B. An employee who left the bargaining unit on or
after November 20, 1994, and returns to
the same craft and installation:
1. will begin a new period of seniority if the
employee returns from a position outside the Postal
Service; or
2. will begin a new period of seniority if the
employee returns from a non-bargaining unit position
within the Postal Service, unless the employee
returns within 1 year from the date
the employee left the unit.
C. An employee who left the bargaining unit
before July 21, 1973, and returns to the same craft shall
have seniority as specified in the 1971-1973 National
Agreement.
D. An employee who left the bargaining unit
during the period from July 21, 1973, to November 19,
1994, and returns to the same craft has seniority as
provided in the 1990-1994 National Agreement.
E. Except as provided in the Motor Vehicle
craft, an employee who left the craft and/or installation
and returns to the same craft and/or installation will
begin a new period of seniority unless the employee
returns within 1 year from the date the employee left the
craft and/or installation.
F. The seniority for employees returning,
within one year, under B.2. above shall be established
after reassignment as the seniority the employee had when
he/she left minus seniority credit for service outside
the bargaining unit, craft and/or installation.
Section 3. Principles of Posting
A. To insure a more efficient and stable work force,
an employee may be designated a successful bidder no more
than five (5) times during the duration of this Agreement
unless such bid:
1. is to a job in a higher wage level;
2. is due to elimination or reposting of the
employee's duty assignment; or
3. enables an employee to become assigned to a
station closer to the employee's place of residence.
B. Specific provisions for posting for each craft are
contained in the craft posting provisions of this
Agreement.
Section 4. Principles of Reassignments
A. A primary principle in effecting reassignments will
be that dislocation and inconvenience to employees in the
regular work force shall be kept to a minimum, consistent
with the needs of the service. Reassignments will be made
in accordance with this Section and the provisions of
Section 5 below.
B. When a major relocation of employees is planned in
major metropolitan areas or due to the implementation of
national postal mail networks, the Employer will apply
this Article in the development of the relocation and
reassignment plan. At least 90 days in advance of
implementation of such plan, the Employer will meet with
the Union at the national level to fully advise the Union
how it intends to implement the plan. If the Union
believes such plan violates the National Agreement, the
matter may be grieved.
Such plan shall include a meeting at the regional
level in advance (as much as six months whenever
possible) of the reassignments anticipated. The Employer
will advise the Union based on the best estimates
available at the time of the anticipated impact; the
numbers of employees affected by craft; the locations to
which they will be reassigned; and, in the case of a new
installation, the anticipated complement by tour and
craft. The Union at the Regional Level will be
periodically updated by the Employer should any of the
information change due to more current data being
available.
C. When employees are excessed out of their
installation, the Union at the national level may request
a comparative work hour report of the losing installation
60 days after the excessing of such employees.
If a review of the report does not substantiate that
business conditions warranted the action taken, such
employees shall have their retreat rights activated. If
the retreat right is denied, the employees have the right
to the grievance-arbitration procedure.
D. In order to minimize the impact on employees in the
regular work force, the Employer agrees to separate, to
the extent possible, casual employees working in the
affected craft and installation prior to excessing any
regular employee in that craft out of the installation.
The junior full-time employee who is being excessed has
the option of reverting to part-time flexible status in
his/her craft, or of being reassigned to the gaining
installation.
Section 5. Reassignments
A. Basic Principles and Reassignments
When it is proposed to:
l. Discontinue an independent installation;
2. Consolidate an independent installation (i.e.,
discontinue the independent identity of an
installation by making it part of another and
continuing independent installation);
3. Transfer a classified station or classified
branch to the jurisdiction of another installation or
make an independent installation;
4. Reassign within an installation employees
excess to the needs of a section of that
installation;
5. Reduce the number of regular work force
employees of an installation other than by attrition;
6. Centralized mail processing and/or delivery
installation (Clerk Craft only);
7. Reassignment--motor vehicles;
8. Reassignment--part-time flexibles in excess of
quota; such actions shall be subject to the following
principles and requirements.
B. Principles and Requirements
l. Dislocation and inconvenience to full-time and
part-time flexible employees shall be kept to the
minimum consistent with the needs of the service.
2. The Vice-President, Area Operations
shall give full consideration to withholding
sufficient full-time and part-time flexible positions
within the area for full-time and part-time flexible
employees who may be involuntarily reassigned. When
positions are withheld, local management will
periodically review the continuing need for
withholding such positions and discuss with the union
the results of such review.
3. No employee shall be allowed to displace, or
"bump" another employee, properly holding a
position or duty assignment.
4. The Union shall be notified in
advance (as much as six (6) months whenever
possible), such notification to be at the regional
level, except under A.4 above, which shall be at the
local level.
5. Full-time and part-time flexible employees
involuntarily detailed or reassigned from one
installation to another shall be given not less than
60 days advance notice, if possible, and shall
receive moving, mileage, per diem and reimbursement
for movement of household goods as appropriate if
legally payable will be governed by the standardized
Government travel regulations as set forth in Methods
Handbook F- 10, " Travel."
6. Any employee volunteering to accept
reassignment to another craft or occupational group,
another branch of the Postal Service, or another
installation shall start a new period of seniority
beginning with such assignment, except as provided
herein.
7. Whenever changes in mail handling patterns are
undertaken in an area including one or more postal
installations with resultant successive reassignments
of clerks from those installations to one or more
central installations, the reassignment of clerks
shall be treated as details for the first 180 days in
order to prevent inequities in the seniority lists at
the gaining installations. The 180 days is computed
from the date of the first detail of a clerk to the
central, consolidated or new installation in that
specific planning program. If a tie develops in
establishing the merged seniority roster at the
gaining installation, it shall be broken by total
continuous service in the regular work force in the
same craft.
8. In determining seniority of special delivery
messengers who received career status under Civil
Service Regulation 3.101, that period of continuous
service as a special delivery messenger prior to
attaining career status shall be included.
9. Whenever in this Agreement provision is made
for reassignments, it is understood that any
full-time or part-time flexible employee reassigned
must meet the qualification requirements of the
position to which reassigned.
10. Whenever the provisions of the Section
establishing seniority are inconsistent with the
provisions of the Craft Articles of this Agreement,
the provisions of the Craft Articles shall prevail.
11. It is understood that any employee entitled
hereunder to a specific placement may exercise such
entitlement only if no other employee has a superior
claim hereunder to the same position.
12. Surplus/excess U.S. Postal
Service Employees-- Surplus/excess
U.S. Postal Service employees from non-mail
processing and non-mail delivery installations,
regional offices, the U.S. Postal Service
Headquarters or from other Federal departments or
agencies shall be placed at the foot of the part-time
flexible roll and begin a new period of seniority
effective the date of reassignment. Except as
provided in Article 12.2, surplus/excess U.S. Postal
Service employees from an APWU bargaining unit in any
such facility shall begin a new period of seniority
but will retain their full-time or part-time status.
C. Special Provisions on Reassignments
In addition to the general principles and requirements
above specified, the following specific provisions are
applicable:
1. Discontinuance of an Independent
Installation
a. When an independent installation is
discontinued, all full-time and part-time
flexible employees shall, to the maximum extent
possible, be involuntarily reassigned to
continuing postal positions in accordance with
the following:
b. Involuntary reassignment of full-time
employees with their seniority for duty
assignments to vacancies in the same or lower
level in the same craft or occupational group in
installations within 100 miles of the
discontinued installation, or in more distant
installations, if after consultation with the
Union, it is determined that it is necessary. The
Postal Service will designate such installations
for the reassignment of excess full-time
employees. When two or more such vacancies are
simultaneously available, first choice of duty
assignment shall go to the senior employee
entitled by displacement from a discontinued
installation to such placement.
c. Involuntary reassignment of full-time
employees for whom consultation did not provide
for placement under C.1.b above in other crafts
or occupational groups in which they meet minimum
qualifications at the same or lower level with
permanent seniority for duty assignments under
(1) and (2) below, whichever is lesser:
(1) One day junior to the seniority of the
junior full-time employee in the same level
and craft or occupation in the installation
to which assigned, or
(2) The seniority the employee had in the
craft from which reassigned.
d. Involuntary reassignment of part-time
flexible employees with seniority in any vacancy
in the part-time flexible quota in the same craft
or occupational group at any installation within
100 miles of the discontinued installation, or in
more distant installations, if after consultation
with the Union it is determined that it is
necessary, the Postal Service will designate such
installations for the reassignment of the
part-time flexible employees.
e. Involuntary reassignment of part-time
flexible employees for whom consultation did not
provide for placement under C.1.d above in other
crafts or occupational groups in which they meet
minimum qualification at the same or lower level
at the foot of the existing part-time flexible
roster at the receiving installation and begin a
new period of seniority.
f. Full-time employees for whom no full-time
vacancies are available by the time the
installation is discontinued shall be changed to
part-time flexible employees in the same craft
and placed as such, but shall for six months
retain placement rights to full-time vacancies
developing within that time within any
installation within 100 miles of the discontinued
installation, or in more distant installations,
if after consultation with the
Union it is necessary, U.S. Postal Service will
designate such installations for the reassignment
of excess full-time employees on the same basis
as if they had remained full-time.
g. Employees, full-time or part-time flexible,
involuntarily reassigned as above provided shall
upon the reestablishment of the discontinued
installation be entitled to reassignment with
full seniority to the first vacancy in the
reestablished installation in the level, craft or
occupational group from which reassigned.
2. Consolidation of an Independent
Installation
a. When an independent postal installation is
consolidated with another postal installation, each
full-time or part-time flexible employee shall be
involuntarily reassigned to the continuing
installation without loss of seniority in the
employee's craft or occupational group.
b. Where reassignments under 2.a, preceding,
result in an excess of employees in any craft or
occupational group in the continuing installation,
identification and placement of excess employees
shall be accomplished by the continuing installation
in accordance with the provisions of this Agreement
covering such situations.
c. If the consolidated installation again becomes
an independent installation, each full-time and
part-time flexible employee whose reassignment was
necessitated by the previous consolidation shall be
entitled to the first vacancy in the reestablished
installation in the level and craft or occupational
group held at the time the installation was
discontinued.
3. Transfer of a Classified Station or
Classified Branch to the Jurisdiction of Another
Installation or Made an Independent Installation
a. When a classified station or classified branch
is transferred to the jurisdiction of another
installation or made an independent installation, all
full-time employees shall at their option remain with
the classified station or classified branch without
loss of seniority, or remain with the installation
from which the classified station or classified
branch is being transferred.
b. A realistic appraisal shall be made of the
number of employees by crafts or occupations who will
be needed in the station after transfer, and
potential vacancies within these requirements created
by the unwillingness of employees to follow the
station to the new jurisdiction shall be posted for
bid on an office-wide basis in the losing
installation.
c. If the postings provided in paragraph 3.b,
preceding, do not result in sufficient employees to
staff the transferred classified station or
classified branch, junior employees, by craft or
occupational group on an installation-wide seniority
basis in the losing installation, shall be
involuntarily reassigned to the classified station or
classified branch and each employee thus
involuntarily reassigned shall be entitled to the
first vacancy in such employee's level and craft or
occupational group in the installation from which
transferred.
4. Reassignment Within an Installation of
Employees Excess to the Needs of a Section
a. The identification of assignments comprising
for this purpose a section shall be determined
locally by local negotiations. If no sections are
established immediately by local negotiations, the
entire installation shall comprise the section.
b. Full-time employees, excess to the needs of a
section, starting with that employee who is junior in
the same craft or occupational group and in the same
level assigned in that section, shall be reassigned
outside the section but within the same craft or
occupational group. They shall retain their seniority
and may bid on any existing vacancies for which they
are eligible to bid. If they do not bid, they may be
assigned in any vacant duty assignment for which
there was no senior bidder in the same craft and
installation. Their preference is to be considered if
more than one such assignment is available.
c. Such reassigned full-time employee retains the
right to retreat to the section from which withdrawn
only upon the occurrence of the first residual
vacancy in the salary level after employees in the
section have completed bidding. Such bidding in the
section is limited to employees in the same salary
level as the vacancy. Failure to bid for the first
available vacancy will end such retreat right. The
right to retreat to the section is optional with the
employee who has retreat rights with respect to a
vacancy in a lower salary level. Failure to exercise
the option does not terminate the retreat rights in
the salary level in which the employee was reassigned
away from the section. In the Clerk Craft, an
employee may exercise the option to retreat to a
vacancy in a lower salary level only to an assignment
for which the employee would have been otherwise
eligible to bid.
d. The duty assignment vacated by the reassignment
of the junior full-time employee from the section
shall be posted for bid of the full-time employees in
the section. If there are no bids, the junior
remaining unassigned full-time employee in the
section shall be assigned to the vacancy.
5. Reduction in the Number of Employees in an
Installation Other Than by Attrition
a. Reassignments within installation. When for any
reason an installation must reduce the number of
employees more rapidly than is possible by normal
attrition, tat installation:
(1) Shall determine by craft and occupational
group the number of excess employees;
(2) Shall, to the extent possible, minimize
the impact on regular work force employees by
separation of all casuals;
(3) Shall, to the extent possible, minimize
the impact on full-time positions by reducing
part-time flexible hours;
(4) Shall identify as excess the necessary
number of junior full-time employees in the
salary level, craft, and occupational group
affected on an installation-wide basis within the
installation; make reassignments of excess
full-time employees who meet the minimum
qualifications for vacant assignments in other
crafts in the same installation; involuntarily
reassign them (except as provided for letter
carriers and special delivery messengers and
vehicle service employees in Section C.5.b below)
in the same or lower level with seniority,
whichever is the lesser of:
(a) One day junior to the seniority of the junior
full-time employee in the same level and craft or
occupational group in the installation to which
assigned, or
(b) The seniority the employee had in the craft
from which reassigned. The 5- year rule does not
apply.
(5) The employee shall be returned at the
first opportunity to the craft from which
reassigned.
(6) When returned, the employee retains
seniority previously attained in the craft
augmented by intervening employment in the other
craft.
(7) The right of election by a senior employee
provided in paragraph b(3), below is not
available for this cross-craft reassignment
within the installation.
b. Reassignments to other installations after
making reassignments within the installation:
(1) Involuntarily reassign such excess
full-time employees starting with the junior with
their seniority for duty assignments to vacancies
in the same or lower level in the APWU
crafts in installations within
100 miles of the losing installation, or in more
distant installations if after consultation with
the Union it is determined that it is necessary,
the Postal Service will designate such
installations for the reassignment of excess
full-time employees. Employees who meet
the minimum qualifications will be afforded their
option of available vacancies by seniority.
However:
(a)
Whenever full-time or
part-time motor vehicle craft assignments are
discontinued in an installation and there is
an excess in a position designation and
salary level, the excess shall be adjusted to
the maximum extent possible by making
voluntary reassignments to vacant motor
vehicle craft positions in installations
within 100 miles unless the employee applies
for a vacancy in a more distant installation.
Senior qualified applicants for such vacant
positions shall be reassigned. When
reassignment is in the same designation and
salary level, the reassigned employee retains
his/her seniority.
(b)When the entire
special delivery messenger unit is moved from
one independent installation to another and
all special delivery territory is
transferred, the special delivery messengers
will be reassigned in the gaining unit with
full seniority credit for all seniority
gained in the craft and installation. When
less than the entire special delivery
messenger unit is transferred and it is
necessary to reassign one or more special
delivery messengers to the gaining
installation, senior special delivery
messengers shall be given option for
reassignment. If no special delivery
messenger elects to be reassigned, the junior
special delivery messenger shall be
reassigned.
(2) Involuntarily reassign full-time employees
for whom consultation did not provide for
placement under b(1) above in other crafts or
occupational groups in which they meet minimum
qualifications at the same or lower level with
permanent seniority for duty assignments
whichever is lesser of:
(a) one day junior to the seniority of the
junior full-time employee in the same level
and craft or occupational group in the
installation to which assigned, or
(b) the seniority he/she had in the craft
from which reassigned. The 5-year rule does
not apply.
(3) Any senior employee in the same craft or
occupational group in the same installation may
elect to be reassigned to the gaining
installation and take the seniority of the senior
full-time employee subject to involuntary
reassignment. Such senior employees who accept
reassignment to the gaining installation do not
have retreat rights.
(4) When two or more such vacancies are
simultaneously available, first choice of duty
assignment shall go to the senior employee
entitled by displacement from a discontinued
installation to such placement.
(5) A full-time employee shall have the option
of changing to part-time flexible in the same
craft or occupational group in lieu of
involuntary reassignment.
(6) Employees involuntarily reassigned under
b(l) and (2) above, other than senior employees
who elect to be reassigned in place of junior
employees, shall be entitled at the time of such
reassignment to file a written request to be
returned to the first vacancy in the level, in
the craft or occupational group in the
installation from which reassigned, and such
request shall be honored so long as the employee
does not withdraw it or decline to accept an
opportunity to return in accordance with such
request.
In the Clerk Craft, an employee(s)
involuntarily reassigned shall be entitled at the
time of such reassignment to file a written
request to return to the first vacancy in the
craft and installation from which reassigned.
Such request for retreat rights must indicate
whether the employee(s) desires to retreat to the
same, lower, and/or higher salary level
assignment and, if so, what salary level(s). The
employee(s) shall have the right to bid for
vacancies within the former installation and the
written request for retreat rights shall serve as
a bid for all vacancies in the level from which
the employee was reassigned and for all residual
vacancies in other levels for which the employee
has expressed a desire to retreat. The
employee(s) may retreat to only those assignments
for which the employee(s) would have been
otherwise eligible to bid. If vacancies are
available in a specified lower, higher or same
salary level, the employee will be given the
option. Failure to exercise retreat rights to the
first available vacancy terminates such rights.
Furthermore, employee(s) electing to retreat to a
lower level assignment are not entitled to salary
protection.
[See Memo Page 323]
6.
Centralized Mail, Processing and/or
Delivery Installation (Clerk Craft Only)
a. When the operations at a centralized
installation or other mail processing and/or
delivery installation result in an excess of
full-time clerks at another installation(s),
full-time clerks who are excess in a losing
installation(s) by reason of the change, shall be
reassigned as provided in Section C.5.b.
Reassignments of clerks shall be treated as
details for the first 180 days to avoid
inequities in the selection of preferred duty
assignments by full-time clerks in the gaining
installation.
b. Previously established preferred duty
assignments which become vacant before expiration
of the detail period must be posted for bid and
awarded to eligible full-time clerks then
permanently assigned in the gaining installation.
Excess part-time flexible clerks may be
reassigned as provided for in Section C.8.
c. All new duty assignments created in the
gaining installation and all other vacant duty
assignments in the centralized installation shall
be posted for bid. One hundred eighty (180) days
is computed from the date of the first detail of
an employee. Bidding shall be open to all
full-time clerks of the craft involved at the
gaining installation. This includes full-time
clerks assigned to the gaining installation.
d. When the centralized installation is a new
one:
(1) Full-time clerks who apply for
reassignment from the losing installation,
shall be reassigned with their seniority.
(2) Reassignments shall be in the order of
seniority and shall not exceed the number of
excess full-time clerks in the losing
installation.
(3) The provisions of 5.a, above, apply to
reassign junior full-time excess clerks, with
their seniority, when there are excess
full-time clerks after the reassignment of
senior full-time clerks who apply for
reassignment.
7. Reassignments - Motor Vehicle
a. When a vehicle maintenance facility is
established to replace an auxiliary garage,
full-time and part-time flexible craft positions
in the gaining installation are to be posted in
the losing installation for applications by
full-time and part-time flexible employees,
respectively. Senior qualified applicants shall
be reassigned without loss of seniority, but not
to exceed the number of excess employees in the
losing installation.
b. When a vehicle maintenance facility is
established to replace vehicle maintenance in a
perimeter office, full-time and part-time
flexible craft positions in the new maintenance
facility shall be posted in the losing
installation for applications by full-time and
part-time flexible employees, respectively.
Senior qualified applicants shall be reassigned
without loss of seniority, but not to exceed the
number of excess employees in the losing
installation.
c. When vehicle operations are changed by
transfer from one installation to another, new
full-time and part-time flexible craft positions
shall be posted for applications in the losing
installation by full-time and part-time flexible
employees in the craft, respectively. Senior
qualified applicants shall be reassigned without
loss of seniority, but not to exceed the number
of excess employees in the losing installation.
d. After all reassignments have been made to
the gaining installation, pursuant to Subsections
a, b and c, the new full-time assignments in the
gaining installation shall be posted for bid.
e. If, after establishment of a new
installation, operations result in further excess
at losing installation(s), the procedures in
Subsections a, b, c and d, above, apply to
reassign senior applicants from the losing
installation(s) to positions in the new
installation.
8. Reassignment - Part-Time Flexible
Employees in Excess of Quota (Other Than Motor
Vehicle)
Where there are part-time flexible employees in
excess of the part-time flexible quota for the craft
for whom work is not available, part-time flexibles
lowest on the part-time flexible roll equal in number
to such excess may at their option be reassigned to
the foot of the part-time flexible roll in the same
or another craft in another installation.
a. An excess employee reassigned to another
craft in the same or another installation shall
be assigned to the foot of the part-time flexible
roll and begin a new period of seniority.
b. An excess part-time flexible employee
reassigned to the same craft in another
installation shall be placed at the foot of the
part-time flexible roll. Upon change to full-time
from the top of the part-time flexible roll, the
employee's seniority for preferred assignments
shall include the seniority the employee had in
losing installation augmented by part-time
flexible service in the gaining installation.
c. A senior part-time flexible in the same
craft or occupational group in the same
installation may elect to be reassigned in
another installation in the same or another craft
and take the seniority, if any, of the senior
excess part-time flexible being reassigned, as
set forth in a and b, above.
d. The Postal Service will designate, after
consultation with the Union, vacancies at
installations in which excess part-time flexibles
may request to be reassigned beginning with
vacancies in other crafts in the same
installation; then vacancies in the same craft in
other installations; and finally vacancies in
other crafts in other installations making the
designations to minimize relocation hardships to
the extent practicable.
e. Part-time flexibles reassigned to another
craft in the same installation shall be returned
to the first part-time flexible vacancy within
the craft and level from which reassigned.
f. Part-time flexibles reassigned to other
installations have retreat rights to the next
such vacancy according to their standing on the
part-time flexible roll in the losing
installation but such retreat right does not
extend to part-time flexibles who elect to
request reassignment in place of the junior
part-time flexibles.
g. The right to return is dependent upon a
written request made at the time of reassignment
from the losing installation and such request
shall be honored unless it is withdrawn or an
opportunity to return is declined.
D. Part-Time Regular Employees
Part-time regular employees assigned in the craft
units shall be considered to be in a separate category.
All provisions of this Section apply to part-time regular
employees within their own category.
Section 6. Transfers
A. Installation heads will consider requests for
transfers submitted by employees from other
installations.
B. Providing a written request for a voluntary
transfer has been submitted, a written acknowledgment
shall be given in a timely manner.
[see Memo, page 325]
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