A Memorandum of Understanding
The Detroit Postal Workers Union
Detroit District Area Local-AFL-CIO
This Memorandum of Understanding is entered into on October 1, 1996 at Detroit, Michigan, by and between Authorized Management Representatives of the United States Postal service, hereinafter the Employer, and the Detroit District Area Local – American Postal Workers Union, AFL-CIO, hereinafter the Union, pursuant to the Local Implementation Provisions of the 1994 National Working Agreement which constitutes the entire agreement on local implementation of the terms of the 1994 National Working Agreement.
Scope of Memorandum
This Memorandum of Understanding constitutes the entire supplements to the National Working Agreement between the parties and correctly expresses all of the rights and obligations of the parties. The parties acknowledge that each had the opportunity to make demands and proposals with respect to all local bargaining subjects. Each party agrees that for the life of this Memorandum of Understanding the other parties shall not be obligated to bargain with respect to any subject not covered in the Memorandum of Understanding.
Should any part of this Memorandum of Understanding or any provisions contained herein be rendered of declared invalid by reason of and existing or subsequently enacted legislation of by a court of competent jurisdiction, such invalidation of such part or provision of the Memorandum shall not invalidate the remaining portions of this Memorandum, and they shall remain in full force and effect.
It shall be understood by the parties to this Memorandum of Understanding that all agreements in this Memorandum of Understanding expire on November 20, 1998.
Length of Postings
Special Delivery Craft
Vehicle Services Craft
Management and Union Signatures
Established practices of employee wash-up shall be continued for the duration of the contract.
Regular Work Week
The basic work week schedule shall be as previously established, specifically, fixed and/or rotating.
Curtailment of Operations
Local emergencies that warrant wholesale closing of business and other local industries; the Installation Head or his/her designee shall immediately examine the situation and its impact on the employees. Employees in those areas affected may be granted appropriate leave.
Utilization of the scheduled work force shall be determined by the severity of the situation showing the greatest concern for the preservation of the health and welfare of employees at the local installation.
In the event the Union believes an emergency condition exists and the Installation Head does not agree, the Union’s President or his/her designee shall meet with the Installation Head or his/her designee immediately to attempt to resolve the issue.
Consideration must be given, but not limited to, such conditions as follows:
Vacations will be granted on a tour basis, by areas designated as duty assignments for leave purposes only, by P.S. level and/or job classification and overall seniority shall prevail. (Except in the Maintenance Craft where seniority within the occupational group and PS level shall be the controlling factor.
If an employee of the APWU Bargaining Unit, by his/her own voluntary action or request, transfers to another section of division, he/she shall be guaranteed a vacation during the Choice Period. If the transfer is by request of the Postal Service, the employee’s original choice shall be honored if he/she so requests. If he/she does not request the original choice, he/she may select any available open leave period in that section and/or job classification. The above transfer rules shall apply whether the move is between tours or within the same tour.
When for and reason, Choice Periods become open, these periods will be posted and awarded to the senior bidder, provided Management is given a seven (7) day prior notice of such a cancellation. Such notice need not be in writing. All vacancies shall be posted at the same location where vacation schedules are posted.
If less than a seven (7) day notice of cancellation is given, every effort will be made to award the open period to a senior employee. It shall be required that the successful bidder or awardee have and adequate amount of annual leave to cover this period. Requests will be made by tour, duty assignment, by P.S. lever and/or classification and overall seniority shall prevail.
Choice Vacation Period
The Choice vacation period shall begin the first full service week in January and extend through the last full week prior to December 1.
Vacation Beginning Day
All scheduled annual leave shall start on the first day of the basic work week for those employees with fixed off days and Saturday for those employees on a rotating schedule. At stations and branches, scheduled annual leave will start on Monday. Exceptions may be granted by agreement among the employee, his/her Union representative, and the Employer.
There may be splitting of vacation leave during the choice Period in accordance with Article 10, section 3.D.
On the first selection or round of bidding, an employee may (at his/her option) split an entitlement to a three-week vacation into two parts of either:
A. One week (five work days) and two weeks (ten work days), or
B. One week (five work days) and one week (five work days).
An employee with a two-week (ten working days) vacation entitlement may split the vacation in accordance with "B" above.
Any employee not wishing to split his/her vacation may at his/her option take the full entitlement of ten or fifteen working days in consecutive weeks.
Jury Duty and Union Leave Business
Employees called to jury duty during his/her scheduled vacation period shall be granted up to ten (10) days of leave in the choice period after his/her return form jury duty.
Leave taken to attend National or State Union conventions shall not be charged to the choice vacation period.
The Choice vacation period shall begin the first full service week in January and extend through the last full week prior to December 1. A maximum of twelve percent (12%) of the employees assigned to those sections so designated for leave purposes shall be permitted leave each week during the choice period excluding the first full service week in April through the last full service week in September. In the latter period, a maximum of fifteen percent (15%) will be allowed leave each week, including the service week of Thanksgiving.
As soon as possible after notification of the New Leave Year, but not later than November 15th, the designated management and union officials will meet and determine the method by which vacation selections will be made for the choice period.
During the period between December 1 and December 31, employees will be given an opportunity to make their vacation selections in accordance with the method developed by Union and Management. The vacation schedule will then be posted NO LATER than January 15 of each year.
When the vacation schedule is completed, the duplicate copy of the Vacation Request form will be returned to the employee.
Notification of New Leave Year
Employees will be notified no later than November 1st as to the inclusive dates of the New Leave Year.
Leave Other Than Scheduled Vacation
Employees requesting advance leave, and not included in vacation scheduling, shall submit a 3971 in duplicate to Management. When approved and signed by the supervisor, the duplicate copy shall be returned to the employee. Employees shall be notified of Management’s disposition for advance annual leave no more than two (2) days after the request is made.
Leave shall be applied by tours, duty assignments and job classification. All incidental annual leave requested shall be granted on a first come first served basis, within the quota set by Management.
It is agreed this leave may be used for filling open vacation spots, but, the total number of employees granted this leave in periods other than April through the first full pay period in September may not cause the total number of employees off in each section to exceed twelve percent (12%), except that annual leave or LWOP, if annual leave is exhausted, shall be granted in the case of death or birth in the immediate family of and APWU craft employees. Emergency leave shall not be limited to death or births, but will be considered on an individual basis.
In accordance with Article 11, Section 6 of the National Agreement, a proper holiday schedule must be posted by the Tuesday preceding the service week of a scheduled holiday. The list includes the names of the employees being scheduled in each section.
The Friday preceding the posting of the schedule, a notice soliciting volunteers will be posted. A uniform prepared format will be established and utilized by Management for this purpose.
Employees shall be scheduled in the following order, and by the methods indicated:
Overtime Desired List
The "Overtime Desired" lists shall be by section and tour as established in ITEM #18.
Number of Light Duty Assignments
Light Duty assignments, both permanent and temporary, are assignments awarded to employees who are unable to perform all their duties due to some illness or injury.
Any combination of temporary and permanent light duty assignments, not to exceed 3%, will be allocated to the total crafts represented by the APWU.
Reserving Light Duty Assignments
Light Duty assignments shall not be given to the detriment of the regular assigned member of the regular work force.
Identification of Light Duty Assignments
Light Duty assignments may include, but are not necessarily limited to, assignments in the following areas:
GMF 4th Floor Primary Incoming Letters
Secondary Incoming Letters
GMF 3rd Floor Michigan Secondary Letters
Mixed States Flats
Primary Incoming Papers
GMF 2nd Floor Michigan Flats (Paper) 481
Mixed States Flats (Papers)
If possible, in the Maintenance, Motor Vehicle, and Special Delivery Crafts, light duty assignments will be made within the section and within the Craft responsibilities and compatible with the individual medical restrictions.
Identification of Duty Assignments for Leave, Overtime, Holiday & Excessing: by Tours, Floors & Sections, Unless Otherwise Identified
Leave, Overtime & Holiday Scheduling (by tour)
Excessing (all tours combined)
Leave, Overtime & Holiday Scheduling (by tour)
C. Vehicle Maintenance, Bulk Mail Center
9. In-Plant Support
A. General Clerk
B. Quality Improvement
10. Transportation Networks
C. Vehicle Dispatch Clerks
D. Office Clerks
E. Schedules Examiners
11. Maintenance Division (Excessing in the Maintenance Craft will be by tour and levels and position designation
as listed in the EL-301 handbook.)
A. Mail Processing Equipment Section (including Priority Mail Center).
B. Building Equipment Section (includes Airport Mail Center).
C. Maintenance Support Section.
D. Building Services Section (includes Stations, Branches, AMC, PMC, VMF and Garages).
It is mutually agreed that should or as occasions arise (movement of operations, etc.) the parties will meet for
the purpose of clarifying sectional changes.
In parking lots owned or operated by the U.S. Postal Service, including the GMF, PMC and the AMC, the areas designated as parking areas for craft employees will be utilized on a first-come basis.
The Detroit District Area Local shall be issued seven (7) parking permits for the K-ramp, GMF and one (1) parking permit for the AMC. The permits are only to be used when it is necessary that Union Officers attend official union business or when obligated to attend functions at the GMF or AMC.
Union Leave Options
Request for leave to conduct Official Union business made by the Local President, Vice President and/or Craft Director will not be unreasonably denied. Any additional requests by a Union Official for leave to conduct Official Union business must be submitted by the Local President or his/her designee. This leave shall not be charged to the choice period.
Length of Postings
Notices will be posted on Tuesday of the calendar week for a period of ten (10) days.
The Union President and Craft Directors shall receive, be certified mail, copies of all postings no later than on the day of the posting.
Item #21 & #22
CHANGE IN DUTIES
When an assignment undergoes any change in duties (as described in the Standard Position Description of the EL-301 Handbook or the Qualification Standards Handbook EL-303), assignment areas or scheme knowledge requirements described in its last posting, the Installation Head or his/her designee shall notify the Union’s President as soon as possible to the proposed change being effective, by certified mail.
The determination to repost any positions affected by such changes shall be made by the President and the Installation Head, provided that no existing regulations are violated.
The Installation Head must post on each floor an updated Seniority List on a semi-annual basis which shall include:
A. Full-time Regulars
B. Part-time Regulars
C. Part-time Flexibles
A copy of this Seniority List must be mailed by certified mail and special delivery to the Union’s President one (1) week prior to posting.
CHANGE IN STARTING TIME
When an assignment undergoes principal changes in starting time, exceeding one (1) hour radius, the incumbent employee shall have the option of assuming the new starting time, or declining to do so. If the incumbent declines, the position shall be posted for bid, and the incumbent may exercise his/her contractual right to bid on any vacant assignment.
The Union President shall be notified, by certified mail and consultation held, at the request of the Union prior to the initiation of any changes exceeding one (1) hour radius. The consultation shall be held at such time as to give the Union ample time to express its views and offer its input.
In each individual circumstance that an incumbent elects to assume a new starting time, the decision will be expressed in writing and shall bear the signature of the incumbent and the Union President or his/her designee, which shall be identified in writing. In any situation where an intent to change is not evidenced by both signatures, the position shall be re-posted.
If the incumbent chooses to decline the new starting time, his declination shall be expressed in writing, and Management will repost and fill the assignment within the contractual time limits.
COMMITTEE ON POSTING ASSIGNMENTS
The Clerical Craft of the APWU and Management agree to form a committee to review the various floors and applicable work areas at the General Post Office for the purpose of determining the number of assignments to be posted for bid.
This committee shall be composed of an equal number of members from Management and Labor, the number to be decided by mutual consent.
The determination of what jobs shall be posted, the number involved, and the areas concerned shall be made after discussion with the Clerical Craft, APWU, and the Installation Head. Final determination shall be made by the Installation Head or their designee.
Established practices of employee privileges and wash-up time shall be continued for the duration of the contract.
Item #21 & #22
Temporary vacancies shall be filled by qualified and available employees in the immediate work areas which shall be defined as those employees assigned to the same tour, and/or occupational group with the same hours of duty, utilizing to the greatest extent possible the Preferred Assignment Register of the Promotion Eligibility Register as appropriate (such as, the employee listed under the appropriate positions). In the event the Promotion Eligibility Register or the Preferred Assignment register is not used, the Union shall be notified prior to the assignment change. Every attempt will be made to use the Promotion Eligibility Register of the Preferred Assignment Register.
When it is necessary to utilize the Promotion Eligibility Register or the Preferred Assignment Register to fill temporary vacancies, the provisions of Article 25 or the National agreement (higher level assignments) shall be complied with. The senior-qualified employee within the work area shall be selected for details of seven (7) days or less. The Union will be notified with a copy of all changes prior to filling the temporary or permanent assignments.
However, in situations where it is necessary to make immediate changes, the Union will be notified as soon as possible, but, no later than three (3) calendar days after the change has been made.
The Installation Head must post quarterly, in each maintenance site and/or section, an updated seniority roster by PS Level and Occupational Group in the Following sections:
A copy of these seniority rosters will be mailed to the APWU’s President by certified mail prior to the scheduled posting.
Special Delivery Messenger Craft
Management will assign the full-time messenger to his/her bid assignment on any day that assignment is available (including Sundays and holidays).
ASSIGNING OUTSIDE OF CRAFT
When necessary to assign employees outside of their craft, it will be done according to juniority.
POSTINGS OF VACANT ASSIGNMENTS
Management must post all known vacant assignments of five (5) days or more for the filling of the vacant assignments to be done by an unassigned regular or part-time flexible according to seniority within the unit and tour.
BASIC WORK WEEK
In accordance with Article 30, Section B.2 of the National Agreement, the Detroit District Area Local, Special delivery craft, and the U.S. Postal Service, agree to the following provisions:
That Special Delivery Messengers shall be assigned by seniority to the following basic work weeks:
In realization of the necessity to retain and continue to strive for positive labor-management cooperation, it is understood that every reasonable effort will be made to provide additional opportunities for the assignment of Phase #1 and #2 basic work week and/or adjustment in Phase #3 after consultation with the Union.
ADVANCE NON-WORK DAY SCHEDULE
A six (6) month advance non-work day schedule will be posted.
Messengers will not be required to risk personal injury from icy, steep, broken or rotten steps or porches, flooded areas, ditched, protruding nails in mail boxes, or other hazardous obstacles.
EQUIPMENT AND SUPPLIES
All messengers shall be provided with the necessary equipment such as maps, adequate flashlights with bulbs and batteries.
Special Delivery Messengers who use their privately owned vehicles, under the Vehicle Maintenance allowance shall be authorized to park said vehicle on Government property, adjacent to the special Delivery Unit during each day the vehicle is being used for delivery of Special Delivery Mail.
When an employee is assigned outside his Craft, a supplemental sticker will be issued to park on Government property.
In accordance with Article 40, Section 2.A. 5, the determination of what constitutes a sufficient change of duties or principal assignment area to cause the duty assignment to be reposted shall be a subject of negotiation at the local level during the duration of this agreement.
In accordance with Article 40, Section 2.A 6, NO assignment will be posted because of change in starting time unless the change exceeds one hour. Whether to post or not is negotiable at the local level if it exceeds one hour during the duration of this agreement.
In accordance with Article 40, Section 2.E 2, the successful bidder must be placed in the new assignment within ten days except in the month of December.
For overtime, the Overtime Desired List must be done by Tour and Station/Branches; however, if a Station/Branch list has been depleted, then the Stations/Branches must consult each other for available messengers on that Station/Branch Overtime Desired List. One Overtime Desired List will be used when Station and Branches are closed.
Vehicle Service Craft
CHANGE OF SCHEDULED TIME
When it becomes necessary to make changes in the starting or ending time of a scheduled assignment to exceed one (1) hour, the employee(s) affected shall have the option of remaining with the assignment, if he/she so desires. In the event he/she does not wish to remain in the assignment due to the schedule change, the assignment shall be posted for bid.
NOTICE OF NON-DRIVING STATUS
When a motor vehicle service employee has been placed in a non-driving status, management shall notify the Director of the Motor Vehicle Service Craft, APWU, in writing where the employee has been assigned.
VEHICLE SERVICES BIDDING
The vehicle services employees shall bid on assignments during the mother of December and all assignments shall be effective on the 1st full pay period in January.
Management shall maintain an up to date seniority roster on the bulletin boards of the motor vehicle service employees.
CHANGE OF DUTIES
During the course of this Agreement, if a schedule undergoes a thirty-three percent (33%) change or more, the employee, at the request of the Union, becomes an unassigned regular, and the schedule will be posted for bid.
Vehicle Service shall bid on vacation and job assignments during the month of December.
ANNUAL BIDDING OF ALL REGULAR MVS ASSIGNMENTS
The following procedures will be used for the bidding of above assignments:
Monday schedule assignments of relief drivers shall be posted by 12:00 NOON of the prior Friday.
Management shall maintain a record of overtime earned by pay period. A Representative of APWU shall have access to these records upon presentation of justifiable reasons.
CHANGE IN SUPERVISION
Whenever there is a change in supervision or an employee is designated as an "acting" supervisor 204-B, the employees shall be informed immediately so that they may be aware officially as to whom they are working for and responsible to.
Upon reasonable notification to the appropriate supervisor, the Officers of APWU - Detroit Local shall be permitted to enter into any work location where a problem has been reported involving personnel policy and practices or any other matter affecting terms or conditions of employment of an employee he/she represents, for the purpose of resolving the problem with the employee or employees and/or the supervisor or supervisors involved.
A copy of all posted notices affecting the crafts of the American Postal Workers Union, AFL-CIO, shall be sent to the President, the Craft Directors and the AMC – Detroit Vice President of the American Postal Workers Union, AFL-CIO Detroit District Area Local.
The Detroit District Area Local, APWU, shall be provided bulletin boards in all designated areas of the Detroit Processing & Distribution Center, Stations/Branches, and the Detroit AMC. The bulletin boards will be 42" x 48" and each bulletin board will have the Union’s name across the top.
APWU reserves the right to place locked bulletin boards in designated areas. Keys will be made available to management upon request.
PUBLIC ADDRESS ANNOUNCEMENTS
Announcements, using existing public address systems, shall be made by Union Officers of the APWU designated by the Union President in writing upon prior review, approval and scheduling through the Office of the Senior Manager, Mail Processing and the Office of the Manager at the Stations & Branches.
EMERGENCY TELEPHONE CALLS
Management will establish a local policy on emergency telephone calls and the use of telephones by authorized Union Officials and Stewards for local calls relating to the administration of the National Agreement. This policy will be made know to the President of the APWU Local and to all employees.
STANDARD BID FORMS
Standard bid forms #1717, shall be used for all bids for all crafts affecting APWU Bargaining Unit Employees (excluding the Maintenance Craft Employees).
The Union may be present upon request whenever the bids are opened for consideration.
The undersigned mutually agree that the American Postal Workers Union, being representative of the Clerical, Maintenance, Vehicle Services and Special Delivery Craft employees, will meet in joint Labor-Management Committee Meetings, whenever necessary, upon mutual consent of the parties.
This Memorandum of Understanding is entered into on October 1, 1996 at the Detroit Processing & Distribution Center, between the representatives of the United States Postal Service and the American Postal Workers Union, AFL-CIO, Detroit District Area Local, pursuant to the Local Implementation Provisions of the 1994 National Agreement.
John H. Talick 12/4/96
Plant Manager, Processing &
Lloyd E. Wesley, Jr. 12/5/96
Roger R. Holbrook 12/5/96
President APWU Detroit District
Patrick A. Chornoby 12/5/96
Executive Vice President APWU
Detroit District Area Local