May 24, 2013
Two national-level disputes involving FMLA settled
The NALC and the USPS have agreed on two national-level settlements regarding FMLA and the use of NALC FMLA forms.

The Postal Service proposed changes to the Employee and Labor Relations Manual which required employees to use Department of Labor forms to certify FMLA protection.

The NALC took the position that there was no requirement under the FMLA to use Department of Labor forms and initiated two disputes. The first dispute was over the proposed ELM changes and the second was the over the Postal Service’s refusal to allow employees to use NALC FMLA forms.

In our first dispute over the proposed changes of the ELM, the Postal Service agreed to change the language in section 515 of the ELM (M-01812) to allow employees to use another format other than Department of Labor forms to certify FMLA protection.

The change in section 515 of the ELM resolves the NALCs second issue and employees may now use the NALC FMLA forms for FMLA protection. (M-01817)

Click here for the NALC FMLA forms and look for more information on the new forms on the NALC FMLA page next week.

May 8, 2013
National level case on Reverse Pay Anomaly Grievance settled
The NALC and the USPS have agreed to a national-level settlement on an interpretive dispute regarding a letter carrier who was promoted to Grade 2 from Grade 1, subsequently returned to Grade 1, and had his step increase delayed by 48 weeks. (M-01811)

The NALC took the position that the grievant should have been placed in the step he would have been in, with credit toward his next step increase, as if all service had been in the original grade. The grievant was correctly placed in Step B but was not credited with 48 weeks of waiting time to his Step C increase.

Memorandum of Settlement dated June 13, 1990 (H7C-NA-C 39), which is found in the April 2009 JCAM at page 9-8, states:

Return to Former Lower Grade
Employees returning to a former lower grade must be assigned to the step and the next step increase date as if service had been uninterrupted in the lower grade. In other words, all time, including time spent in the higher grade, is credited toward determining the date of the next periodic step increase in the lower grade. As a practical matter, this means that any Carrier Technician who later successfully bids on a route ends up exactly where they would have been, in pay terms, had they never left Grade 1. In such situations, the time temporarily “lost” as a result of beginning a new waiting period in Grade 2 is fully restored.

April 12, 2013
 UPDATED Questions and Answers—City Carrier Assistants (CCAs)
This jointly-developed document (M-01810) provides the updated mutual understanding of the national parties on issues related to 2011 USPS/NALC National Agreement. It is separated in two sections: the first concerns city carrier assistants (CCAs) and the second section addresses other contractual provisions. This document fully replaces both the March 7, 2013, Questions and Answers, City Carrier Assistants (M-01804) and the February 20, 2013, Questions and Answers, City Carrier Assistants (M-01802). New questions and responses are identified by underscoring. This document may be updated if agreement is reached on additional matters concerning the new collective bargaining agreement.

March 6, 2013
Article 8 and City Delivery Task Forces Idea Sheets
The award issued by the arbitration board chaired by Arbitrator Shyam Das established several new joint task forces through new memorandums of understanding (MOUs) included in the 2011 National Agreement. Two of these MOUs, Re: Article 8 Task Force and Re: City Delivery Task Force, are designed to develop and test methods to improve on problem areas that letter carriers deal with directly every day on the workroom floor.

NALC wants to hear from letter carriers. We have created idea sheets for both Task Forces:
-- Article 8 Task Force Idea Sheet
-- City Delivery Task Force Idea Sheet

We want to hear your thoughts or ideas of methods to test or ways to improve the overtime process, the work climate or the other areas mentioned in the MOUs. If you are interested in your delivery unit participating as a test site, we would like to know that too.

These sheets are fillable. You may type directly into them and print them out or print and write your thoughts and ideas on the sheet. Once completed, please mail the idea sheets to:

National Association of Letter Carriers
c/o Director of City Delivery Lew Drass
100 Indiana Avenue, NW
Washington, DC 20001-2144

January 31, 2013
New MOU on one-day break in service for TEs hired as CCAs
The parties have agreed (M-01800) that transitional employees who are hired as City Carrier Assistants (CCA) on or before April 11, 2013 will be given a one day break between appointments. This break will occur on the first Sunday of a pay period and allow these employees to work the day before (Saturday) and the day after (Monday). The one day break will not impact employees' eligibility for health benefits or any other right or entitlement under the National Agreement.

The MOU also sets the length of initial CCA appointments for such employees to be for the balance of the 360 day appointment, which is equivalent to the total period from beginning of the transitional employee appointment until the conclusion of the initial CCA appointment, which will be 360 days.

In addition, it requires that transitional employees hired as CCAs will be paid at their transitional employee rate through April 19, 2013.

Finally, the MOU makes clear that all other CCA appointments made pursuant to Article 7.1.C.1 or Article 7.1.C.2 of the National Agreement will be for 360 day terms.

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January 31, 2013
New MOU to pay TEs for taking exam
The parties have entered into a new Memorandum of Understanding (M-01799) that requires that time transitional employees spend taking Exam 473 will be on the clock, including necessary travel time. Transitional employees will select the testing site closest to their work location to minimize necessary travel time. Please note that this agreement is prospective. It is effective from Jan. 29, 2013 onward. It does not apply to any time that transitional employees have spent taking the 473 Exam prior to Jan. 29, 2013.

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October 9, 2012
National MOU designed to alleviate some staffing issues in many delivery units
The NALC and USPS have entered into a Memorandum of Understanding, M-01797, which will alleviate some of the staffing issues in many delivery units by providing for a) the conversion of over 6,000 part-time flexible city letter carriers to full-time regular, b) the filling of vacant residual CC-01 and CC-02 positions that are not withheld for Article 12, and c) the limited authorization to hire an additional 3,400 bargaining unit transitional employees.

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October 5, 2012
National level case on management reverting vacant full-time letter carrier assignments without current route inspection data resolved
The NALC and the USPS have reached agreement on a national level settlement on an interpretive dispute regarding whether a vacant full-time letter carrier assignment may be reverted without current route inspection data. (M-01796) In the past, management would sometimes revert a route when it became vacant without current route inspection data.  This was a widespread problem several years ago and has remained an issue in some places.

The parties agree that the determination of whether an established route is full-time will be made using one of the following procedures:

• A six day mail count and inspection in accordance with the provisions of Handbook M-39
• A route adjustment pursuant to Section 141 of Handbook M-39 (provided the data used is reasonably current and from the regular carrier assigned to the route)
• Evaluation through a national jointly agreed upon route evaluation process
• Evaluation through an authorized locally developed joint route evaluation process

Additionally, the settlement affirms that it in no way alters the maximization provisions of Article 7.3 of the National Agreement.  

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2012 NALC Contract DVD now available
The 2012 NALC Contract DVD was produced to provide you with the latest and most complete set of resources available. It contains electronic versions of the fully-updated and revised Materials Reference System (MRS), as well as the National Agreement, JCAM, NALC publications (e.g. Postal Record, Contract Talk, Activist, etc.), Defenses to Discipline, the latest versions of USPS Handbooks and Manuals, and other valuable resources. This compilation of resources in a single DVD is an essential tool for every branch activist. The NALC Contract DVD is available through the NALC Supply Department for $2.

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Material Reference System (MRS) available online
The NALC has completely rewritten the MRS Index, meaning this prime resource for National Business Agents, Regional Administrative Assistants, NALC Branch Officers and Shop Stewards in their duties of enforcing the collective bargaining agreement, is now even better. The latest version can be found here.

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Arbitration Program available
NALC has created an Arbitration program and re-compressed all of the arbitrations on file, allowing for greater searching and more efficient use of harddrive space. The Arbitration Program is available for order from the Supply Department for $10. Click here for more information.

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Letter Carrier’s Daily Log
At the 2010 National Convention in Anaheim, it was suggested that a daily log be created for letter carriers to use. Previously, the Workhour Workload Report (All Routes) was posted daily under the JARAP 2011 agreement. This report allowed the letter carrier to verify information recorded by management.

Now that the JARAP 2011 agreement is expired, the Letter Carrier's Daily Log (PDF) has been created. This form has places to record information such as clock rings, mail volume, auxiliary assistance, and other daily information letter carriers have an interest in keeping. The form may be printed out, or information may be typed directly into the form so it can be saved electronically.

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Interpretive step grievance on scanning
Delivery Unit Saturation Mail resolved
NALC and USPS have resolved a grievance at the Interpretive Step involving the scanning process used for Delivery Unit Saturation Mail. The settlement (M-01782) states that this scanning process is an internal measurement system used to verify the date a saturation mailing is scheduled for delivery. This settlement also makes clear that by scanning the mailing, the letter carrier is not verifying that he or she delivered the mailing. The scan only verifies that the mailing is scheduled to be delivered on that day.

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National Interpretive Dispute Filed
Q06N-4Q-C 11111196
On March 7, 2011, the National Association of Letter Carriers declared that a regular panel arbitration case raised interpretive issues and appealed the matter to the national level pursuant to Article 15, Section 2 of the National Agreement.

The case involves a Grade 1 city letter carrier, who was involuntarily excessed from one installation to another pursuant to Article 12.5.C.5.b (1) of the National Agreement. Accordingly, the letter carrier had retreat rights under Article 12.5.C.5.b (6), which entitles an employee reassigned under subsections b (1) or (2) to be “returned to the first vacancy in the level, in the craft or occupational group in the installation from which reassigned.”

Subsequent to the reassignment of the letter carrier, a letter carrier retired from the original office, thus creating a vacancy. At that point the excessed carrier should have been returned to the original office. Management refused to do so, taking the position that the employee is not entitled to return unless there was an available “residual vacancy." The NALC maintains a position that the employee’s retreat rights are triggered by the “first vacancy” in the level, in the craft or occupational group in the installation from which reassigned.

Branches should contact their National Business Agent if such an event occurs in order to pursue filing an appropriate grievance.

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National Arbitration Appeal
Q06N-4Q-C 10151541
The Postal Service notified the National Association of Letter Carriers of its conclusion that an interpretive issue exists. National representatives have completed discussions of the matter and have not resolved the interpretive issue presented. Accordingly, NALC has submitted a statement of our understanding of the issue involves, and the facts giving rise to the dispute, as required by Article 15.2 of the National Agreement.

The underlying facts are that over the course of a twenty six week period, a part-time flexible letter carrier satisfied the maximization criteria of 7.3.C of the National Agreement. NALC's position is that a full-time position must be created. Management denies the action on the ground “the maximization occurred on a residual vacancy not an occupied position.” The union maintains that the language of Article 7.3.C is unambiguous. There is no distinction between time worked in occupied and unoccupied positions for purposes of meeting the maximization criteria. NALC has sought arbitration of the issue.

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National Arbitration Appeal
Q06N-4Q-C 11081434
The National Association of Letter Carriers have appealed, to national arbitration, Postal Service proposed revisions to the Interactive Voice Response System (IVR) script. NALC submits the proposed revisions to the IVR Script are not fair, reasonable or equitable. NALC further submits the revisions are inconsistent and in conflict with various provisions of the NALC-USPS National Agreement, including, but not necessarily limited to, Article 3, 5, 10 and 19, and not fair, reasonable or equitable.

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National Arbitration Appeal
Q06N-4Q-C 11040948
The National Association of Letter Carriers have appealed, to national arbitration, proposed revisions to the process of medical assessments of employees being assigned to more physically demanding positions. USPS submitted proposed revisions to the process, as well as a new form to be used in supplying the medical assessment, Employee Reassignment/Change of Craft – Medical Assessment Questionnaire. The NALC contends that the revisions and the form are not fair, reasonable or equitable and are inconsistent and in conflict with various provisions of the NALC- USPS National Agreement, including, but not necessarily limited to, Article 3, 5, 13 and 19.

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National Interpretive Dispute Filed
Q06N-4Q-C-11022051
The National Association of Letter Carriers filed a National Level Interpretive Dispute with the Postal Service pursuant to Article 15 of the National Agreement. This dispute concerns the Postal Service’s use of a DOIS “Office Efficiency Tool Form”” to determine letter carriers’ leave and return time, and daily workload. When completing the form management uses data derived directly from DOIS projections as the sole basis for determining leave and return time for carriers. Additionally, the use of this form creates a unilateral daily letter carrier performance standard. The union posits this practice violates the DOIS settlement (Q01N-4Q-C 05022610) and Articles 3, 15, 19 and 34 of the National Agreement.

Branches should contact their National Business Agent if such an event occurs in order to pursue filing an appropriate grievance.

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May 3, 2010
National interpretive dispute filed
On May 3, 2010, the National Association of Letter Carriers declared that a regular panel arbitration case raised interpretive issues and appealed the matter to the national level pursuant to Article 15, Section 2 of the National Agreement.

The underlying arbitration case involves NALC’s contention that the Postal Service denied the grievant limited duty in violation of ELM 546. In its post-hearing brief, management argued for the first time that the Federal Employees Compensation Act (FECA) barred the arbitrator from awarding a monetary remedy. Management contends that the OWCP has exclusive jurisdiction over the grievant’s claim.

NALC’s appeal to the interpretive step raises three issues:

1. whether a party in a regular panel arbitration can raise a new argument under the guise of “arbitrability” which was never advanced in the grievance papers or at the hearing;
2. what procedures may be involved when one of the parties believes that the opposing party has raised a new argument for the first time in a post-hearing brief; and
3. the validity of management’s argument that the FECA bars an arbitrator from granting a monetary remedy. NALC’s position is that there is no contractual basis for the USPS argument and that it is wrong as a matter of law.

Branches and NBA offices are advised that any pending grievances involving the same issues as described above should be held in abeyance pending resolution of the national interpretive dispute.

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April 21, 2010
2009 Joint Contract Administration Manual (JCAM)

Updated February 23, 2010
"Window of operations"
In an ongoing effort to provide tools to combat contract violations, CAU has scanned and posted regional arbitration decisions which support the union position concerning Article 8 violations and Window of Operation (WOO). The Postal Service often argues it has a right to establish a predetermined time when carriers should be off the street. Consequently, the Postal Service argues it has no option but to work carriers who are not on the OTDL to meet their WOO obligation. These regional cases will provide significant insights into arguments the union has advanced which have been successful. The two national level decisions are relevant to the regional cases because they also provide significant insights into arguments the union can advance.

You should also study NALC's White Paper on overtime, staffing, and simultaneous scheduling. Click here to read or download the document (M-01548).

This CAU White Paper explains how NALC representatives can challenge the Postal Service's widespread failure to staff facilities sufficiently, a failure that has led to numerous violations of the contractual overtime rules. Management in many places has consistently worked letter carriers beyond the contractual maximums of 12 hours per day and 60 hours per week. In addition, in many facilities the Postal Service has engaged in the “simultaneous scheduling” of overtime for ODL and non-ODL letter carriers.

The White Paper will help NALC representatives to prepare challenges to both types of overtime violations, and seek remedies requiring the Postal Service to comply with the contract by staffing its facilities with sufficient letter carriers. The paper reviews the negotiating history of the Article 8 overtime provisions, showing how a course of bargaining over more than three decades has produced a contract that bans the abuse of employees through excessive overtime. The white paper also shows the fallacy of the Postal Service “operational window” defense, which it has often offered as justification for its pattern of overtime violations.

You should consider using the national and regional decisions listed below alongside NALC's White Paper when preparing your WOO grievance file.

After reviewing the linked “C” number decisions, contact your NBA for additional guidance in preparing your grievance file.

October 23, 2009
VER Dispute Appealed to National Arbitration
On October 23, 2009, the National Association of Letter Carriers appealed to National Arbitration the unresolved dispute involving aspects of the 2009 Voluntary Early Retirement (VER) made available to letter carriers.

Specifically, the Postal Service established an Irrevocable Date (June 19, 2009) for eligible employees to decide whether to accept the VER, but has failed to provide mandatory retirement counseling to those who have requested it prior to the irrevocable date. Such counseling is essential for employees to make a fully informed decision whether or not to accept the VER.

Letter carriers who have applied for the VER, requested retirement counseling and were not provided with retirement counseling prior to the irrevocable date should contact their National Business Agent for more information. This would include letter carriers who withdrew their application for the VER because retirement counseling was not provided prior to the irrevocable date.

October 23, 2009
National Interpretive Dispute Filed
Article 12, Excess Employees Reassigned to the Letter Carrier Craft
On October 1, 2009, the National Association of Letter Carriers filed a National Level Interpretive Dispute with the Postal Service pursuant to Article 15, Section 3.F of the National Agreement. This dispute involves excess employees reassigned to the Letter Carrier craft.

Specifically, NALC is challenging the Postal Service’s practice of reassigning excess clerk craft employees into vacant withheld positions in the Letter Carrier craft without first establishing that the employee is qualified for the letter carrier assignment in question. Following reassignment some of these employees are failing to successfully complete various driving examinations and are separated from postal employment. The union believes this practice is inconsistent with provisions of Article 12.

Branches should contact their National Business Agent if such an event occurs in order to pursue filing an appropriate grievance.

June 23, 2009
NRP settlement clears path for hundreds of held grievances
The NALC and Postal Service have settled a national level grievance filed on the Postal Service’s application of their National Reassessment Process (NRP). NRP is a management program that was devised to reassess all current limited duty job offers and to reassess how future limited duty job offers are made. The NALC, from the outset, has maintained that NRP cannot compromise injured employees’ rights under 546 of the ELM.

As a result of many months of negotiations, the party’s three-part settlement addresses all of the NALC’s contentions in this grievance and solidifies the contractual rights of affected letter carriers. The parties agreed that NRP does not change management’s obligations to provide limited duty to injured employees and it does not change the provisions of ELM 546. The parties also agreed that NRP does not create new criteria for assigning limited duty and that light duty carriers will not normally be displaced solely to make new limited duty or rehabilitation assignments unless required by law.

The settlement will allow for the continued processing of grievances that have been held in abeyance pending the outcome of this national case. For more information contact your NBA.

The NALC will continue to monitor NRP and will continue to require contractual compliance as management moves forward with this process.

Click here for the full text of the settlement (M-01706) and click here for additional information (M-01707).

NALC Guide to National Reassessment Process (NRP)
NALC has published a guide to help injured workers and their representatives challenge the Postal Service's withdrawal or failure to provide limited duty. The Guide to NRP (National Reassessment Process) can be viewed and saved here at the link above or on the NALC's Compensation Department web page.

Updated September 2, 2009
National arbitration decision
National Arbitrator Shyam Das, in an Award issued March 20, 2009, has sustained NALC's challenge to certain changes to ELM Section 546 proposed by the Postal Service in March 2007. The disputed changes, which were the result of a negotiated agreement between USPS and APWU, would have provided, for the first time, that all cross-craft transfers of injured workers must be accomplished through Article 13 of the National Agreement. The principal consequence of this change would have been that the so-called reciprocity provisions of Article 13, Section 5 would apply to reassignments initiated by management under ELM Section 546. Thus, for example, if an injured letter carrier were permanently transferred to the clerk craft the resulting vacancy in the letter carrier craft would be posted for bid in the clerk craft. Citing a 1985 ruling by Arbitrator Mittenthal, Das upheld NALC's position that the proposed change was inconsistent and in conflict with Articles 13 and 41. He ordered the Postal Service to rescind the proposed ELM changes.

C-28121