Contract Administration

1. Management may use a one-day 3999 to determine the actual street time of a route.

            True __________                                            False __________

False - See M-00745 - Joint City Delivery Committee Meeting held on December 11, 1979. See M-39 Section 242.32.a. which provides that the street time shall be determined by the average street time for the seven weeks random time card analysis and the week following the count and inspection or the average street time used during the week of count and inspection. See also M-00829, Step 4.

2. A one-day count and inspection may not be used as the sole basis to establish a standard against which the carrier's performance may be measured for disciplinary purposes.

            True _________                                              False ________

True - See M-00829 Step 4 M-39, Section 141.2 allows for a one-day count to determine office performance but there is absolutely no contractual provision for a one-day count and inspection. 3999s may be done throughout the year.

3. Management may set an appropriate pace at which a letter carrier must walk.

            True _________                                              False ________

False - See M-00304 Pre-arb, October 22, 1985 This provision indicates that there is no set pace at which a carrier must walk and no street standard for walking.

ARTICLE 28 – EMPLOYER CLAIMS

1. When a Letter of Demand is issued to an employee they must immediately make restitution and then grieve for that amount in payment.

TRUE ________ FALSE ________

2. An employee may not be held financially liable for any loss, rifling, damage, wrong delivery of the mails, or failure to collect or remit COD funds, if the employee exercises reasonable care.

TRUE ________ FALSE ________

3. An employee may only file a grievance to challenge a Letter of Demand.

TRUE _________ FALSE _________

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1. False - See M-01192 Memorandum, July 1994, Article 28, Section 4 This provides the employer will delay collection of the monies until disposition of the grievance has been made.

2. True - See Article 28, Section 2 Reasonable care. This section protects letter carriers against management claims resulting from the loss or damage of mails, unless the employee “failed to exercise reasonable care.”

3. False - See ELM Section 437.6 and JCAM page 28-2 An employee in addition to filing a grievance may file PS Form 3074, available from their installation head, requesting a waiver of an overpayment.

1. If a casual works on Monday of a work week for eight hours and a PTF is not scheduled that day, a violation of the contract has occurred at that time.

________True ________ False

False - See National arbitration award AC-C-13148 and 14767 National Arbitrator Gamser concluded that the National Agreement does not require that all PTFs at an installation must receive 40 hours at the straight time rate before any casual is “scheduled”. The employer’s obligation may be fulfilled over the course of a “service week”. A successful grievance on this issue must show that management scheduled a casual for work which a PTF carrier could have performed instead, and that the PTF carrier worked less than 40 straight-time hours during the service week.

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2. Any manual sortation or preparation of mail for delivery on city delivery routes which have divisions down to the specific addresses on the route will be done by letter carriers.

________True _________False

True - M-00777 Segmentation Settlement Agreement March 9, 1987 While clerks may make sortations to directs on a letter carrier's route, clerks may not make what is called a "tertiary" sortation.

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3. When a full-time regular position is vacated in an installation by retirement or some other means, the Postal Service must immediately promote the senior part-time flexible to regular status.

________True __________False

False - See M-00407 Step 4 In this particular case, the Postal Service took the position that they have every right to wait for a residual vacancy (that is, an assignment left unbid) before assigning the senior part-time flexible to full-time status.

Article 13

1. A regular letter carrier who is temporarily disabled is not allowed to bid for, or be awarded a full-time letter carrier bid assignment.

_______True _______False

False - See M-00752 Memorandum, March 16, 1987 After an individual is awarded a full-time bid assignment as a result of the exercise of their seniority and they are unable to immediately assume the duties therein, the Postal Service may require medical certification which would indicate whether or not that individual will be physically able to carry the route within the first six month period. If after six months, the individual is still physically unable, medical certification may also be required for another six-month period which would indicate whether or not the individual would be physically able to do the duties of the position. After a year if the individual is still physically unable to carry their assignment then the bid is vacated and reposted per Article 41. That individual may not bid for the job.

2. A predetermined period of disability after which an employee may be considered permanently disabled is 12 months.

_______True _______False

False - See M-01219 Step 4 Only on a case by case basis can the decision on permanent disability be made.

3. Regular employees on limited duty are guaranteed 40 hours of work, compensation or a combination thereof per week.

_______True _______False

True - M-00583 Step 4 If 40 hours are not worked, then a CA-7 should be submitted to OWCP.

Editor’s Note: Always consult with your shop steward or branch president

Source: Jim Williams Black Book

Article 41

1) When an employee has opted for and received a vacancy of five days or more and then goes on vacation they lose the right to continue their opt upon their return.

______ True ______ False

2) 204-Bs may not bid on vacant letter carrier craft duty assignments.

______ True ______ False

3) A 204-B may serve in that capacity for an unlimited time frame and retain their assignment as a letter carrier.

______ True ______ False

1) False - See M-00748 Step 4 In the above situation, the original opting employee would go on vacation for five days or more and the assignment will be opted for solely for that amount of time that the original opter is on vacation. Upon return of the individual from annual leave, they will be returned to the hold-down for completion of the original vacancy.

2) True - See M-00016 Pre-arb and Article 41, Section 1.A.2. There is nothing that would prohibit the 204-B from voluntarily terminating their assignment and returning to their craft position so that they might exercise a bid within the craft.

3) False - See Article 41, Section 1.A.2. A 204-B assigned as a temporary supervisor may not serve in that capacity in excess of four months or their route is declared vacant and posted for bid in accordance with the letter carrier craft article. If the individual returns to the craft after that date, they are an unassigned regular. That individual may bid for the assignment if they are working as a letter carrier.

Article 10

1. If a part-time flexible calls in sick they are guaranteed eight hours of sick leave for that particular day.

_____True _____False

2. A carrier's child has asthma. Once a month he/she takes the child to the doctor for treatment. This qualifies for FMLA.

_____True _____False

Absences for FMLA purposes can be cited in discipline cases.

_____True _____False

1. False - See M-00665 Step 4 - A part-time flexible employee is not guaranteed a set number of hours sick leave but should be paid the number of hours that the employee was realistically scheduled to work or would reasonably have been expected to work on a given day up to 8 hours.

2. True - See 29 CFR 825, see also NALC Guide to FMLA - Intermittent absences due to a family member's chronic condition do meet the criteria.

3. False - See C#14107 Regional Arbitrator Lurie - FMLA absences are excused for up to a total of 12 weeks. No discipline may be issued based on FMLA leave.

Article 8

1. Full-time regular letter carriers may sign both the regular overtime desired list and the work assignment overtime list.

_____True _____False

A T-6 letter carrier who signs the work assignment list works the overtime on all his/her routes unless the regular on the route is also on the work assignment list.

_____True _____False

Employees who temporarily change their schedule with a Form 3189 are prohibited from working overtime.

_____True _____False

Answers

False - See M-00833 Joint Statement on Overtime, June 8, 1988 which states: Full-time regular letter carriers, including those on limited or light duty, may sign up for either the regular Overtime Desired List (10 or 12 hour) or the “work assignment overtime, but not both.

True - See 5/28/85 Memorandum M-00589 which states: All full-time letter carriers are eligible to indicate their desire for “work assignment” overtime and by doing so are to work the overtime as specified on their regularly scheduled days. T-6 or utility carriers would be considered available for overtime on any of the routes in their string.

True – See M-01079, Pre-Arb, May 25, 1992 which states: It is agreed that the intent of filing a form 3189 which requests an earlier leaving time is to obtain approval for the employee to leave at that earlier time. Consequently, it is inappropriate for management to approve such a form and then require the employee to work post tour overtime in other than emergency situation.

Questions and answers compliments of “Jim Williams Black Book”

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There are many sources for contract information available on the internet. Be careful where you get your information and how you apply that information. Always verify your information with your shop steward.

I recommend these two sources as reliable information for contract administration:

go to "Tools and Research"

NJSALC / editor
P.O. Box 333
Teaneck, NJ 07666
e-mail:njsalc@verizon.net