LOCAL MEMORANDUM OF UNDERSTANDING

 

COVERING EMPLOYEES IN TULSA MAIL PROCESSING AND CUSTOMER SERVICE

 

BETWEEN THE

 

TULSA AREA LOCAL OF THE

 

AMERICAN POSTAL WORKERS UNION

 

AND THE UNITED STATES POSTAL SERVICE

 

NOVEMBER 21, 2000 - NOVEMBER 20, 2003

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Item 1. Additional or longer wash-up periods.

 

The employer shall allow necessary wash-up time to all bargaining unit employees for work performed as defined in the National Agreement.

 

Item 2. The establishment of a regular workweek with either fixed or

            rotating days off.

 

APWU Bargaining Unit positions, except MVS Drivers, shall have fixed days off, unless mutually agreed to between the APWU Local President and the installation head. (Plant Manager or Postmaster)

 

Item 3. The guidelines for the curtailment or termination of postal

            operations to conform to orders of local authorities or as

            local conditions warrant because of emergency conditions.

 

The basic responsibility of a post office in a community undergoing civil strife or suffering from natural disaster is to receive, dispatch, and deliver mail, and to perform other normal duties to the maximum extent possible. The paramount factor in making any decision about providing or continuing mail service is the safety of personnel involved. Curfews imposed by local authorities will be considered in scheduling deliveries, collections, or other street services. Curfews will also be considered in reporting and leaving times of employees and in the opening and closing of installations within the area of the curfew. The Postmaster will cooperate to maintain communications between the individual and the community during times of natural disasters, such as floods, tornadoes, and earthquakes.

 

The matter of an employee's inability to report to work as scheduled will be considered on an individual basis. The employer or his designee will be available for consultation with the union president on provisions of resumption or continuation of service.

 

Responsible postal officials will determine the utilization of the scheduled work force by the severity of the specific needs of the service with specific emphasis on the preservation of the health and welfare of the employees at the local installation.

 

When an alleged explosive device has been discovered or an actual explosion has occurred, the facility shall be completely evacuated until all safety measures have been taken and the area declared safe by the proper authorities.

 

Responsible postal officials shall not only consider temperature, but also humidity, air movement, and other factors that can affect the climate of the working environment.

 

Postal officials shall make the safety of the employees their prime concern taking appropriate action to protect employees such as, but not limited to, rest breaks to warm up or cool down, reassignment to warmer or cooler work areas.

Under such conditions, when the temperature reaches above 90 degrees or below 60 degrees for a full shift, maximum consideration will be given to leave requests for employees who complain of health problems due to working conditions.

Item 4. The formulation of local leave program.

 

Unit managers shall accomplish annual leave bidding by presenting leave period sheets to the senior unit employees for the first bid and then to the next senior employee in turn. Each employee shall have a reasonable period of time to make their selection of the periods they desire.

 

A.    An employee, who is called for jury duty or temporary military duty during his (her) scheduled choice vacation period, becomes eligible for another period in lieu thereof, provided it does not deprive another employee of his/her bid.

 

B.    An employee, who has returned to the rolls from extended military duty, shall be allowed to bid for a choice period vacation time.

 

C.    The first choice bidding period shall be from November 1 to December 1. Bidding for the remainder of the choice period shall be from December 2 to December 15 and the schedule shall be posted by December 31st.

 

D.    The number of employees allowed off during the leave years shall be determined immediately prior to the bidding for leave.

 

E.     Units for bidding for the clerk craft shall be:

1.    Manual, unschemed clerks by tour.

2.    Secondary manual clerks by tour and zone

3.    Main Office Window Service

4.    SSPS Technicians

5.    Automation by tour

6.    SPBS by tour

7.    Computerized Forwarding System (CFS)

8.    Each Carrier Station

A.  Turley will bid with Northside Station

                   

B.  Southside Station will bid in 3 sections (window clerks, Zone 5 clerks, Zone 36 clerks) with management to determine the bidding section for clerks with overlapping assignments, after consultation with the union.

 

C.  Northeast Station will bid in 3 sections (window clerks, Zone 12 clerks, Zone 15 clerks) with management to determine the bidding section for clerks with overlapping assignments, after consultation with the union.

 

D. Chimney Hills will bid in two sections (distribution clerks and window clerks when established).

 

9.     TACS Office.

10. Human Resources

11. Air Mail Facility, by tour

12. Bulk Mail Entry Unit

13. Window Service Pool Relief

14. General Clerks by primary assignment

15. Main Office Box Section by tour

16. Unassigned regulars, PTR’s, OWCP (to include Rehab & limited duty

      of 60 days or more) and PTF’s will bid with the Unit they are assigned

      by seniority to (i.e., tour, scheme, FSM, Manual, Window, ect.)

 

F.  Units for bidding in Maintenance (*See Item 22.D.2), and Motor Vehicle.

 

1.  Maintenance Craft: By tour and level, and occupational group.

 

a.                 Maintenance bid relief positions with positions relieved.

 

2.  Motor Vehicle Craft:

 

a.                 Motor Vehicle Operators

 

b.                 Motor Vehicle Facility employees by tour and job classification

 

G.    Those employees who do not bid a period during the choice period bidding shall forfeit all right to a choice vacation period.

 

H.    In the event the employer finds it necessary to cancel annual leave awarded on other than the choice bidding cycle, such cancellation shall be made in reverse order of seniority by duty assignment.

 

I.      In order to prevent circumvention of seniority and bidding for leave, trades are not permitted except by mutual agreement between the Postmaster of his designee, and the Union.

J.      In the event an employee has exhausted his/her annual leave balance before the beginning of a vacation period, he/she shall lose entitlement to the bid period. If the annual leave is exhausted due to emergencies, the entitlement is not lost and the employee may request leave without pay.

 

K.    Employees shall be allowed to apply for annual leave or extended tours of duty to attend local union functions. Such request will not be unreasonably denied.

 

L.     When practical, an employee shall be granted three (3) days annual leave in connection with a death in the immediate family. Immediate family shall be identified as mother, father, sister, brother, wife, husband, mother-in-law, father-in-law, or children. If the employee has no annual leave balance, leave without pay shall be granted.

 

M.   Bids submitted for choice periods shall not include employees on extended sick leave or injury compensation.

 

 

 

 

 

N.    Periods vacated during the choice period shall be available to the senior employee subject to the following conditions:

 

1.  If an employee has used all time provided by Article 10, Section 1, J, he/she shall not be entitled to an additional period;

 

2.  If an employee is a successful bidder on a period and has a later period during the preferential period, he/she must surrender the later period.

 

O.    Transfer from one unit to another in the same installation in the same craft shall not change a vacation period.

 

P.     At least one employee in each unit will be granted annual leave during the choice periods where 8 or less employees are permanently assigned.

 

Item 5. The duration of the choice vacation period(s).

 

A.    The choice period for the clerk and motor vehicle crafts shall comprise the first week of the leave year through the last full week in November. There will be an additional period of December 25 through December 31 (to be considered a full bidding week.

 

B. No annual leave will be granted during the month of December through  

    December 25, 1999.

 

C.    Maintenance choice vacation period will be the entire year.

 

Item 6. The determination of the beginning day of an employee's

            vacation period.

 

A.    All employees having split days off shall start vacation periods on the first workday following the first scheduled non-workday in a service week.

 

B.    All employees having consecutive days off shall start vacation periods on the first day following their regularly scheduled non-workday in a service week.

 

Item 7. Whether employees at their option may request two selections

            during the choice vacation period, in units of either five or ten

            days.

 

Employees shall be granted annual leave during the choice period(s) as follows:

 

A.    Those who earn 13 days annual leave per year shall be granted annual leave during the choice period in units of either two 5 working day or one 10 working day period(s).

 

B.    Those who earn 20 or 26 days annual leave per year shall be granted annual leave during the choice vacation period in units of either one 5 and one 10 working day period, or one 15 day working period.

 

 

Item 8. Whether jury duty and attendance at national or state

            conventions shall be charged to the choice vacation period.

 

Jury duty and attendance at national or state conventions shall not be charged to the choice vacation period.

 

Item 9. Determination of the maximum number of employees who shall

            receive leave each week during the choice vacation period.

 

A maximum of 13% of the employees in a unit shall receive leave each week during the choice vacation period. At least one employee in each unit will be granted leave where eight or less employees are permanently assigned.

 

Item 10. Issuance of official notices to each employee of the vacation

              schedule approved for such employee.

 

Posting of annual leave schedules shall be on the unit official bulletin board, and shall constitute official notice to employees.

 

Item 11. Determination of the date and means of notifying employees of

              the beginning of the new leave year.

 

The dates of the leave year will be published in the Postal Bulletin/Messenger.

 

Item 12. The procedures for submission of applications for annual leave

              during other than the choice vacation period.

 

A.  Whenever less than eight hours of annual leave is requested and the Form 3971 is given to the immediate supervisor on the date the leave is requested, the supervisor shall give a decision within two hours.

 

B.  Request for previously unscheduled annual leave of one full tour of duty shall be submitted on Form 3971 in duplicate, no earlier than thirty (30) days and no later than Tuesday prior to the service week in which the full tour of annual leave is desired. Such requests shall be granted, and the employee so notified, by receiving one copy of the approved 3971 no later than 72 hours after the Supervisor receives the 3971, or no later than the Wednesday prior to the service week in which the full tour annual leave is desired, whichever comes first, provided the absence does not exceed the percentage identified in Item #9 of this agreement. The parties agree that all absences defined as leave by Chapter 5 of the Employee and Labor Relations Manual (ELM) including absences due to on the job injuries and OWCP in excess of 10 days, shall count toward the percentages identified in Item #9 for purposed of administration of this item. Requests shall be granted on first come, first serve basis provided the employee has sufficient annual leave to his/her credit to cover the absence.

 

C.  Units for bidding for incidental leave are defined in Item 4 of this Agreement.

 

Item 13. The method of selecting employees to work on a holiday.

 

The method of selecting employees to work on a holiday shall be as follows: (*Maintenance Craft see Item 22.D.2)

 

A.    Casuals

B.    Part-time flexibles

C.    Volunteers (full-time) whose holiday or designated holiday it is, by seniority

D.    Volunteers (full-time) on their non-scheduled workday, by seniority

E.     Non-volunteers (full-time) on their holiday or designated holiday, by juniority

 

Item 14. Whether “overtime desired” lists in Article 8 shall be by section

              and/or tour. (*Maintenance Craft see Item 22.D.2).

 

A.    Overtime desired lists for all APWU bargaining unit employees shall be posted by craft, section, and tour.

 

1.  Craft shall be defined as clerk craft, maintenance craft, motor vehicle craft.

 

2.  The majority of work hours regularly scheduled during a particular work shift will indicate that employee's tour. Where the regularly scheduled work hours are equal, the employee will be assigned to the later tour.

 

B.    At least one hour's notice shall be provided to full-time employees on duty when overtime is required. It is understood and agreed that circumstances will occur which necessarily cause exceptions.

 

C.    In order to ensure a proper rotation of overtime work among qualified employees doing similar work in the work locations where the employees regularly work, the following definitions shall apply:

 

1.     Similar work - distribution of outgoing mail or distribution of incoming mail and/or the use of a particular skill or scheme knowledge.

 

2.     Work location - will indicate Tour 1, Tour 2, or Tour 3.

 

1.     Where employees regularly work will indicate the mail processing and each station.

 

 

 

 

 

Item 15. The number of light duty assignments within each craft or

              occupational group to be reserved for temporary or permanent

              light duty assignment.

 

Unresolved

 

Item 16. The method to be used in reserving light duty assignments so

              that no regularly assigned member of the regular work force

              will be adversely affected.

 

Unresolved

 

Item 17. The identification of assignments that are to be considered

              light duty within each craft represented to the office.

 

Light duty assignments for APWU bargaining unit employees shall consist of assignments that they are able to perform consistent with the nature of their illness or injury, or as specified in the physician's certification for need of light duty. Such assignments to take advantage of their skills to the greatest extent. The Union shall be notified on cross craft light duty assignments.

 

Item 18. The identification of assignments comprising a section, when it

              is proposed to reassign within an installation employees

              excessed to the needs of a section.

 

A.    At least once semiannually, the Union and the Employer will review the retreat rights sections as defined. Any changes or additions shall be made by mutual agreement. These sections are to be used for the exercise of retreat rights as provided in Article 12 of the National Agreement for the purposes of excessing.

 

B.    The reassignment of employees in the Maintenance Craft that are excess to the needs of a section shall be in accordance with Article 38, Section 3K of the National Agreement.

 

C.    For the purpose of exercising retreat rights in the Maintenance Craft, the sections are defined as occupational groups and tour.

 

D.    For the purpose of exercising retreat rights in the Motor Vehicle Craft the following sections are defined.

 

1.  Vehicle Maintenance, by position, designation

 

2.  Vehicle Operations by level

 

3.  Motor Vehicle Office personnel.

 

 

 

Item 19. Parking

 

Parking at the Main Office will be governed by the undated agreement signed by former Postmaster DeGroot and the three Union Presidents.  Parking assignments will be reposted once during the life of the contract with the consent of the three Union Presidents.  After consulting with Union Presidents concerning parking at other facilities and determining how many parking spaces for private parking shall be assigned to APWU bargaining unit employees, such spaces must be assigned on a seniority basis.

 

Parking at the new mail processing facility (when opened) will be on a first come first serve basis in designated parking areas within the plant property and the DeGroot agreement will no longer apply.

 

Item 20. The determination as to whether annual leave to attend union

              activities requested prior to determination of the choice

              vacation schedule is to be part of the choice vacation plan.

 

Annual leave to attend union activities requested prior to determination of the choice vacation schedule is not to be part of the total choice vacation plan.

 

Item 21. Those other items which are subject to local negotiations as

              provided in the craft provisions of this agreement.

 

A.  Maintenance Craft.

The employer shall notify the union no less than 72 hours prior to an employee being reassigned into the maintenance craft.

 

B.  Motor Vehicle Craft.

Motor Vehicle Craft routes will be posted in accordance with Article 39.2.A.6

 

Item 22: Local implementation of this agreement relating to seniority

              assignments and posting.

 

The following practices shall remain in effect until computerized bidding procedures go into effect.

 

A.    Posting.

 

(1) Employees may bid on more than one posted job having the same closing date. When multiple bids are submitted, the employee shall designate the preference of jobs, in writing, in numerical order. This shall be done by stating first choice, second choice, etc., on PS Form 1717.

 

(2) The employee may receive a receipt for a bid submitted on PS Form 1717 under the following conditions:

 

a.  The receipt will be a duplicate bid card prepared by the employee.

 

b. The employee takes his bid to the personnel office and has the duplicate PS Form 1717 stamped "received".

 

(3) Employees desiring to withdraw a bid must do so in writing. Their request must be submitted to the personnel office prior to the closing date and/or time of the posting.

 

(4) The successful bidder shall be announced in the Messenger within 10

      days of the closing date of the bid.

 

(5) The Union shall be notified when an employee has been announced as  successful bidder five (5) times during the lifetime of the current national agreement.

(6) Jobs filled by assignment and vacated without a qualified incumbent shall continue to be filled by unassigned regulars until an assigned incumbent qualifies.

 

(7) If a posted job is withdrawn, the General President of the Union shall be informed as to the reason upon request.

 

(8) When the employer has determined the necessity of abolishing an occupied bid job, the employer must personally contact the employee involved prior to such action being published in the Postmaster's Bulletin

 

(9) The successful bidder shall be placed in the new assignment within fourteen (14) days, except when awarded a job in the month of December.

 

(10) Employees will normally work their duty assignments. If it becomes necessary to move employees to perform work outside of bid assignments, where possible, the principle of seniority shall be observed. Employees from other sections and/or crafts shall not be utilized in vacant assignments until bid personnel are returned to their bid assignments.

 

(11) When a senior employee is not awarded a bid on the basis of not qualifying, the employee shall be furnished the reason in writing upon written request.

 

(12) The reporting schedule of part time flexible employees shall be posted prior to the end of his/her normal tour on the previous day.

 

(13) An updated seniority list will be provided to the union and will be posted on all official bulletin boards quarterly.

 

 

 

 

 

 

 

B.    Details:

 

(1) When it is necessary to augment another craft with employees of the clerk craft for the purpose of unloading trucks and trailers, clerk craft employees shall be used the in following order:

 

a. Part-time employees in the immediate area.

b. Full-time employees in the immediate area.

c. Part-time employees in other areas.

 

(2) When time permits, special short-term auxiliary assignments shall be announced, and employees who are regularly scheduled on the tour they occur may express in writing a desire to perform such duties.

 

C. Bidding - Clerk Craft

 

(1)    Vacant clerk craft duty positions shall be posted and filled in accordance with Article 37, Section 3, National Agreement. Vacant clerk craft duty assignments shall be posted for seven (7) days. Bids must be received at the place and time specified in the posting.

 

(2) When the senior bidder becomes qualified or is already qualified on the scheme requirements of the duty position, he/she shall be placed in the new assignment within fourteen (14) days, except in the month of December.

 

(3) When an employee is designated as successful bidder and remains a live bidder on other bids, the employee shall notify management in writing within ten (10) days of his/her election to remain a bidder on one or more of those assignments. The notice shall identify the assignment(s) by job and posting number. Failure to notify within ten (10) days will cancel such other bids.

 

(4) An unassigned full-time employee with a fixed schedule shall bid on duty assignments posted for bid by employees in the craft. If the employee does not bid, or is the unsuccessful bidder, such employee shall be assigned to any residual assignment. The employee's preference will be considered if there is more than one assignment available and shall be honored except were an employee can be assigned to an available duty assignment for which he/she is currently qualified (including scheme requirements).

 

(5) Unassigned full-time employees on permanent light duty assignment, or who become unassigned full-time employees while absent on injury compensation, shall not be subject to the provisions of subparagraph 4 above until they are physically capable of full employment.

 

(6) Whenever a clerk craft position is awarded in the Postmaster's Bulletin which requires scheme knowledge, such announcement shall note whether the employee is currently qualified.

 

(7) When a station or branch is relocated, affected clerk craft assignments shall not be posted for bid provided there is no change in days off or starting time of more than one hour or essential scheme(s).

 

(8) A duty assignment must be reposted if the essential scheme assignment as posted in the original bid is changed.

 

(9) If non-essential scheme(s) is added to a position, whether to post or not shall be a joint determination of the Local Union President and the Installation Head (Plant Manager or Postmaster).

 

(10) If non-essential scheme(s) is taken off a bid assignment, such assignments shall not be reposted

 

(11) If the scheduled starting time of duty assignment is changed more than one hour, the assignment shall be posted. This includes a change in any one day.

 

(12) Principal Assignment Area

 

Definition of principal assignment area: The principal assignment area is considered as the same as the retreat rights section.

 

Anytime a bid assignment is changed that results in the principal assignment area (retreat rights section) to be changed, the bid assignment will be posted for bid with the new principal assignment area indicated in the new bid posting.

 

D. Maintenance Craft

 

(1)      When a preferred assignment is moved from one unit to another due to administrative action, the incumbent shall move with the assignment.

 

(2) Installation seniority shall be used for the selection of overtime assignments, Holiday scheduling and leave selections/bidding ONLY.  This provision does not apply to any other provision other than overtime assignments, holiday selections, and leave selection/bidding.

 

C. Motor Vehicle Craft

 

    Bids for vacant craft duty assignments shall be posted for seven (7) days.

 

 

 

 

 

 

Item 23. The employer recognizes the local Union Mechanization Committee and shall

              consider any recommendations submitted.

 

Item 24. Any employee who reports for duty on time and finds that he/she has no time

              card or PSDS badge, as appropriate, shall not be counted late if he/she

              immediately reports to his/her supervisor, another area supervisor or PSDS.

 

Item 25. Employee requests, submitted in writing, for changes in days off or exchange

              of non-work days to attend military reserve drills, shall not be unreasonably

              denied.

 

Item 26. The union may make request for light meter tests at any work location. Such

              tests must be made within 5 days.

 

Item 27. Employees issued safety equipment shall be allowed reasonable time to

              examine, adjust, and otherwise adapt to same for their personal use.

 

Item 28. The employer shall grant any employee sufficient time to secure proper

              clothing and prepare himself for assignment outdoors in cold or inclement

              weather.

 

Item 29. There shall be a monthly labor-management meeting scheduled at the mutual

              convenience of the Parties, except December. The meeting will adjourn within

              two hours. The time and date for the meeting may be changed by mutual

              agreement.

 

A.    Labor-management agenda items maybe exchanged 72 hours prior to such meeting.

 

B.    If monthly labor-management meetings are held and there is no agenda submitted by either party to this agreement, said meeting shall be spent in a discussion of sections of the National Agreement.

 

C.    Local labor-management meetings will be held on an informal basis.

 

D.    The union may take exception to a disposition which the employer renders at a labor-management meeting. If this happens, the minutes of that labor-management meeting shall contain a statement to that effect.

 

E.     Minutes of the meeting must be signed by the General President of the Union.

 

F.     Sufficient copies of labor-management meeting minutes must be furnished to the Union.

 

G.    The total number of representatives from the Union will not exceed six people. The number compensated by the employer will not exceed one, except that the APWU may have present a designee representing a different craft within the APWU if there is an item on the agenda pertaining to that craft. That individual will be compensated on a no gain, no loss basis for time necessary to dispose of that specific item.

 

Item 30. Names and job classifications of all new employees shall be furnished to the

              Union.

 

Item 31. The Union shall be notified and/or consulted relative to formulating, changing,

              or implementing policies of working conditions affecting the crafts

              represented.

 

Item 32. The Union may provide a rack for the distribution of Union information in the

              Swing room. It shall be the responsibility of the Union to keep such literature

              racks in an orderly fashion.

 

Item 33. If business conditions will not permit attention to a grievance, the supervisor

              will set a time or notify the employee when business conditions will permit.

 

 

 

This Memorandum of Understanding is entered in on ___________________________ at Tulsa Oklahoma, between the representative of the United States Postal Service, and the designated agent of the Tulsa Oklahoma Area Local of the American Postal Workers Union, pursuant to the local implementation Provisions of the 2000 National Agreement with the American Postal Workers Union.

 

 

 

__________________________________                __________________________________

For the United States Postal Service                                    For the Union